DIRECT GENERAL INSURANCE COMPANY, Appellant, vs. EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLC a/a/o Tina Watts, Appellee.

22 Fla. L. Weekly Supp. 209c

Online Reference: FLWSUPP 2202WATTInsurance — Personal injury protection — Coverage — Emergency services — Deductible — Because insurer is mandated by statute to reserve $5,000 for emergency medical service providers, insurer should not have applied claim filed by medical provider within that classification to deductible

DIRECT GENERAL INSURANCE COMPANY, Appellant, vs. EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLC a/a/o Tina Watts, Appellee. Circuit Court, 18th Judicial Circuit (Appellate) in and for Seminole County. Case No. 12-52-AP. August 29, 2014. Appeal from the County Court, In and For Seminole County, Florida. Honorable Donald L. Marblestone, Judge. Counsel: Douglas H. Stein, and Dorothy Venable DiFiore, for Appellant. Marlene S. Reiss, for Appellee.

[Lower court order published at 19 Fla. L. Weekly Supp. 947a]

(DICKEY, Judge.) This appeal concerns the interactions between two statutes, Florida Statute 627.739(2) and Florida Statute 627.736(4)(c). This issue was resolved by the Honorable Jerri L. Collins, Seminole County Court Judge, in a well reasoned order she entered in Emergency Physicians of Central Florida, LLC vs. USAA General Indemnity Co., 20 Fla. L. Weekly Supp. 697a (Fla. Seminole Cty. Ct. Feb. 27, 2013) and her analysis of this issue cannot be improved on by this court. There is no need to “reinvent the wheel” in this case. Accordingly, the Final Summary Judgment for plaintiff is affirmed based on the authority of that case.

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