GEICO INDEMNITY COMPANY v. TOTAL ORTHOPAEDICS CARE (2021)

District Court of Appeal of Florida, Fourth District.

GEICO INDEMNITY COMPANY, Appellant, v. TOTAL ORTHOPAEDICS CARE, P.A., a/a/o Valenta Auberry, Appellee.

No. 4D21-231

Decided: August 18, 2021

Michael A. Rosenberg, Peter D. Weinstein, and Adrianna de la Cruz-Muñoz of Cole, Scott & Kissane, P.A., Plantation, for appellant. David B. Pakula of David B. Pakula, P.A., Pembroke Pines, and Gary Marks of Marks & Fleischer, Fort Lauderdale, for appellee.

Geico Indemnity Company appeals the county court's judgment against it. For the reasons we explained in Geico Indemnity Co. v. Muransky Chiropractic P.A., No. 4D21-457, ––– So. 3d ––––, 2021 WL 2584107 (Fla. 4th DCA June 24, 2021), and in our opinion in Geico General Ins. Co. v. Hallandale Beach Orthopedics, Inc., 4D21-206, 324 So. 3d 527 (Fla. 4th DCA Aug. 18, 2021), we reverse and remand. On remand, the court must determine, or the parties must stipulate, whether the amount billed was less than 80% of 200% of the statutory fee schedule. If so, the court may enter judgment against Geico in accordance with Muransky.

Reversed and remanded.

Per Curiam.

Damoorgian, Kuntz and Artau, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network