5D07-1686 State Farm v. Florida Emergency Physicians

State: Florida

Court: Florida Fifth District Court

Docket No: 5D07-1686

Case Date: 02/18/2008

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2008

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. FLORIDA EMERGENCY PHYSICIANS, ETC., Respondent. _____________________________________/ Opinion filed February 22, 2008 Petition for Certiorari Review of Order from the Circuit Court for Seminole County, Acting in its Appellate Capacity. Kenneth P. Hazouri of deBeaubien, Knight, Simmons, Mantzaris & Neal, L.L.P., Orlando, for Petitioner. Kevin B. Weiss of Weiss Legal Group, P.A., Maitland, for Respondent. CASE NO. 5D07-1686

PER CURIAM. State Farm Mutual Automobile Insurance Company petitions for certiorari review of an order of the circuit court, acting in its appellate capacity, raising an issue that we recently addressed in Geico General Ins. Co. v. Florida Emergency Physicians a/a/o Jose Fret, 33 Fla. L. Weekly D35 (Fla. 5th DCA Dec. 21, 2007); see also, Southern Group Indem., Inc. v. Humanitary Health Care, Inc., 32 Fla. L. Weekly D1396 (Fla. 3d

DCA May 30, 2007) (finding that section 627.736(6)(d), Florida Statutes, does not require an insurer to provide its PIP payout log to an insured or the insured's assignee, presuit). As we did in Geico General, and for the reasons explained in that opinion, we grant certiorari and quash the circuit court order. The circuit court should reconsider the matter in light of Geico General and Southern Group. Petition GRANTED; circuit court opinion QUASHED.

PLEUS, TORPY and LAWSON, JJ., concur.

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