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NATIONWIDE MUT. FIRE INS. CO. v. SIMMS

No. 97-2853.

724 So.2d 162 (1998)

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Petitioner, v. Nancie SIMMS, Respondent.

District Court of Appeal of Florida, Fifth District.

December 18, 1998.

Attorney(s) appearing for the Case

Pamela R. Kittrell, Kieran F. O'Connor, Michele McCaul Ricca and John H. Richards of Cooney, Mattson, Lance, Blackburn Richards & O'Connor, P.A., Fort Lauderdale, for Petitioner.

Arnold R. Ginsberg of Ginsberg & Schwartz and Nance, Cacciatore, Sisserson, et al., Miami, for Respondent.

W. SHARP, Judge.

Nationwide Mutual Fire Insurance Company seeks certiorari review of the circuit court appellate panel's decision below that arbitration of personal injury benefits between the provider, Neuro Diagnostic Center of Brevard, Inc. and Nationwide was not required because the insured, Nancie Simms, had not executed an "assignment of the benefits to the provider," and thus the provider was not required to arbitrate the correctness of the bills from...

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