PROGRESSIVE SELECT v. HOSPITAL MEDICAL

No. SC18-278.

260 So.3d 219 (2018)

PROGRESSIVE SELECT INSURANCE COMPANY, Petitioner, v. FLORIDA HOSPITAL MEDICAL CENTER, etc., Respondent.

Supreme Court of Florida.

December 28, 2018.


Attorney(s) appearing for the Case

Michael C. Clarke of Kubicki Draper, P.A., Tampa, Florida, for Petitioner.

Chad A. Barr of Law Office of Chad A. Barr, P.A., Altamonte Springs, Florida, for Respondent.

William W. Large of Florida Justice Reform Institute, Tallahassee, Florida; and Peter J. Valeta of Cozen O'Connor, Chicago, Illinois, for Amicus Curiae Florida Justice Reform Institute.

Rebecca O'Dell Townsend and Scott W. Dutton of Dutton Law Group, P.A., Tampa, Florida; and David Dougherty of Law Office of David S. Dougherty, Tampa, Florida, for Amici Curiae GEICO General Insurance Company, GEICO Indemnity. Company and Government Employees Insurance Company.

Matthew Coleman Scarfone and Maria Elena Abate of Colodny Fass, Sunrise, Florida; and Suzanne Youmans Labrit , Jason Gonzalez , and Amber Stoner of Shutts & Bowen LLP, Tallahassee, Florida, for Amici Curiae Property Casualty Insurers Association of America and Personal Insurance Federation of Florida.

David M. Caldevilla of de la Parte & Gilbert, P.A., Tampa, Florida; and Mac S. Phillips of Phillips Tadros, P.A., Fort Lauderdale, Florida, for Amicus Curiae Floridians for Fair Insurance, Inc.

Anthony D. Barak of Barak Law Group, Bradenton, Florida; Christopher P. Calkin and Mike N. Koulianos of The Law Offices of Christopher P. Calkin, P.A., Tampa, Florida; Lorca Divale of The Physician Collections Group, P.A., Tampa, Florida; and Chad L. Christensen of Ged Lawyers, LLP, Boca Raton, Florida, for Amici Curiae The Chambers Medical Group, Inc., Clearview Imaging, LLC, MRI Associates of St. Pete, Inc., and Pagano Chiropractic, P.A.

Edward H. Zebersky and Mark S. Fistos of Zebersky Payne, LLP, Fort Lauderdale, Florida; and Lawrence M. Kopelman of Lawrence M. Kopelman, P.A., Fort Lauderdale, Florida, for Amicus Curiae Florida Medical Association.


In this case, we consider the proper method of applying a personal injury protection ("PIP") insurance policy deductible to a medical provider's bill for hospital emergency services and care. The issue presented is whether section 627.739(2), Florida Statutes (2014), requires the deductible to be applied before or after medical charges...

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