IN RE INTERNATIONAL MEDICAL CENTERS, INC.

Nos. 90-2576, 90-3721, 90-2939 and 90-3036.

604 So.2d 505 (1992)

In re the Receivership of INTERNATIONAL MEDICAL CENTERS, INC., a Florida corporation. STATE of Florida, DEPARTMENT OF INSURANCE v. STATE MUTUAL LIFE ASSURANCE CO. OF AMERICA. In re the Receiverships of SUNSHINE HEALTH PLAN, INC. and Suncoast Health Plan, Inc., Florida corporations. The STATE of Florida, DEPARTMENT OF INSURANCE, and North Brevard County Hospital District, d/b/a Jess Parrish Memorial Hospital, and Wuesthoff Memorial Hospital, Inc., Appellants, v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, First District.

Rehearings Denied July 30, 1992.


Attorney(s) appearing for the Case

Ben H. Wilkinson, C. Timothy Gray and William Vandercreek of Pennington, Wilkinson, Dunlap & Camp, and Dennis K. Threadgill and Mary Spain Pope of Dept. of Ins., Div. of Rehabilitation & Liquidation, Tallahassee, for appellant Department of Ins.

Jeffrey G. Thompson of Westman, Lintz, Watson, Thompson, Soileau & Celio, Cocoa, for appellant North Brevard.

George A. Vaka of Fowler, White, Gillen, Boggs, Villareal & Banker, Tampa, for appellee Provident Life.

John K. Aurell, Robert L. Hinkle and Ricky L. Polston of Aurell, Radey, Hinkle & Thomas, Tallahassee, for appellee State Mut.

Gregory M. Luce of Fulbright & Jaworski, Washington, D.C., and Philip S. Parsons and Cindy L. Bartin of Landers & Parsons, Tallahassee, for amicus Providers.1

Stephen K. Boone and John S. Koda, Venice, and William A. Bell, Tallahassee, and Philip A. Allen, III, Jody Lehman and James A. Weinkle of Mershon, Sawyer, Johnston, Dunwody & Cole, Miami, for amicus Florida Hosp. Ass'n.

Stuart Gerson, Asst. Atty. Gen., J. Christopher Kohn, James A. Gresser and Andrea J. Larry, Dept. of Justice, Washington, D.C., for amicus U.S.


KAHN, Judge.

Appellants, in these four consolidated cases,2 challenge circuit court orders granting summary judgment for reinsurers Provident Life and Accident Insurance Company (Provident) and State Mutual Life Assurance Company of America (State Mutual), denying the motions for summary judgment filed by health care providers and dismissing the second amended complaint of the Department of Insurance. The issue in all four cases is whether...

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