Millennium Radiology, LLC v. State Farm Mutual Automobile

District Court of Appeal of Florida

Millennium Radiology, LLC v. State Farm Mutual Automobile

152 So. 3d 797, 2014 Fla. App. LEXIS 20021, 2014 WL 6964063

District Court of Appeal of Florida·Decided December 10, 2014·No. No. 3D12-3143·Published

Opinion

PER CURIAM.

Affirmed. See Northwoods Sports Med. & Physical Rehab., Inc. v. State Farm Mut. Auto. Ins. Co., 137 So.3d 1049, 1055-57 (Fla. 4th DCA 2014)(holding that: (1) Simon v. Progressive Express Ins. Co., 904 So.2d 449 (Fla. 4th DCA 2005), did not abrogate the English rule of priorities that the Florida Supreme Court announced in Boulevard Nat’l Bank of Miami v. Air Metal Indus., Inc., 176 So.2d 95 (Fla.1965)); and (2) in an action by an assignor for No Fault Insurance benefits founded on a claim of breach of contract, the post-suit exhaustion of benefits absolves the insurer from any responsibility to pay an otherwise valid claim where the exhaustion occurred (a) after the insurer paid an amount that the provider claims is less than the contract requires; (b) after the insurer was served with a filed complaint; and (c) absent bad faith in the handling of the claim by the insurer.).

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PER CURIAM.

Affirmed. See Northwoods Sports Med. & Physical Rehab., Inc. v. State Farm Mut. Auto. Ins. Co., 137 So.3d 1049, 1055-57 (Fla. 4th DCA 2014)(holding that: (1) Simon v. Progressive Express Ins. Co., 904 So.2d 449 (Fla. 4th DCA 2005), did not abrogate the English rule of priorities that the Florida Supreme Court announced in Boulevard Nat’l Bank of Miami v. Air Metal Indus., Inc., 176 So.2d 95 (Fla.1965)); and (2) in an action by an assignor for No Fault Insurance benefits founded on a claim of breach of contract, the post-suit exhaustion of benefits absolves the insurer from any responsibility to pay an otherwise valid claim where the exhaustion occurred (a) after the insurer paid an amount that the provider claims is less than the contract requires; (b) after the insurer was served with a filed complaint; and (c) absent bad faith in the handling of the claim by the insurer.).

Millennium Radiology, LLC v. State Farm Mutual Automobile, 152 So. 3d 797, 2014 Fla. App. LEXIS 20021, 2014 WL 6964063 (Fla. Ct. App. 2014).

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