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ADVANCED DIAGNOSTICS v. ALLSTATE INS.

No. 3D03-3077.

888 So.2d 663 (2004)

ADVANCED DIAGNOSTICS TESTING a/a/o Will Turcios, Appellant, v. ALLSTATE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 17, 2004.

Attorney(s) appearing for the Case

Robert Cooney; Wasson & Associates, and Roy D. Wasson, Miami, and Annabel C. Majewski, for appellant.

Shutts & Bowen, LLP, and Frank A. Zacherl, and Douglas G. Brehm, Miami, for appellee.

McGuire Woods, LLP, and Peter J. Valeta (Illinois) for Florida Insurance Council, Inc., as amicus curiae.

Before GREEN, FLETCHER, and WELLS, JJ.

PER CURIAM.

This is an appeal from a final summary judgment entered in favor of the defendant, Allstate Insurance Company, where the county court certified the following question as one of great public importance:

Does the phrase "the allowable amount under Medicare Part B" as used in Fla. Stat. Section 627.736(5)(b)5 refer only to Medicare's "participating fee schedule" or does the phrase "the allowable amount" instead refer to Medicare's "limiting charge...

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