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SIMON v. PROGRESSIVE EXP. INS. CO.

Nos. 4D04-1498, 4D04-2205.

904 So.2d 449 (2005)

Dr. Robert D. SIMON, M.D., P.A., a/a/o Eric Hon, Appellant/Appellee, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Appellee/Appellant.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 12, 2005.

Attorney(s) appearing for the Case

Joseph C. Schulz of Jeff D. Vastola, P.A., West Palm Beach, for appellant/appellee.

Douglas H. Stein of Anania, Bandklayder, Blackwell, Baumgarten, Torricella & Stein, Miami, for appellee/appellant.

STONE, J.

Physician, Robert Simon (Simon), accepted a reduced payment from Progressive Express Insurance (Progressive) for services rendered to a policy holder who had been in an auto accident. Simon cashed the payment check without protest. Before paying Simon, Progressive informed him, along with other providers whose claims are reduced or denied, that, as established by section 627.736, Florida Statutes (PIP statute), upon submission of new information, a denied...

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