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SUPERIOR INS. CO. v. LIBERT

No. 5D99-3561.

776 So.2d 360 (2001)

SUPERIOR INSURANCE COMPANY, Appellant, v. David A. LIBERT, M.D., etc., Appellee.

District Court of Appeal of Florida, Fifth District.

February 2, 2001.

Attorney(s) appearing for the Case

Sylvia A. Grunor and Michael R. D'Lugo of Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Ford, P.A., Orlando, for Appellant.

Stephan W. Carter, Winter Park, for Appellee.

PETERSON, J.

Superior Insurance Co. (Superior) appeals an award of attorney's fees and costs to David A. Libert d/b/a First Choice Medical Center, on behalf of Kristina Chew (Libert). Additionally, the trial court certified the following question to be of great public importance:

WHETHER A PROVIDER OF MEDICAL SERVICES WHO HAS ACCEPTED AN ASSIGNMENT OF BENEFITS FROM AN INSURED IS ENTITLED TO ATTORNEY'S FEES AND COSTS UNDER FLORIDA STATUTE 627.736 AND 627.428...

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