PASTEUR HEALTH PLAN, INC. v. SALAZAR

No. 94-738.

658 So.2d 543 (1995)

PASTEUR HEALTH PLAN, INC., a domestic health maintenance organization, Appellant, v. Miriam SALAZAR, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 30, 1995.


Attorney(s) appearing for the Case

Stabinski & Funt, Hicks, Anderson & Blum and Bambi G. Blum, Miami, for appellant.

Floyd Pearson Richman Greer Weil Brumbaugh & Russomanno and Robert J. Fiore, Miami, for appellee.

Michael R. Presley, Chartered, Boca Raton, for Variety Children's Hosp., as amicus curiae.

Before HUBBART, JORGENSON, and GERSTEN, JJ.


JORGENSON, Judge.

This is an appeal by the insurer, Pasteur Health Plan, Inc., of a final summary judgment on liability in favor of the insured subscriber, Miriam Salazar. For the following reasons, we affirm.

The non-final order under review rules against Pasteur on all its affirmative defenses. The order renders the insurer liable to the insured under an HMO medical insurance plan to pay for certain hospital and other medical expenses arising from a traffic...

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