Attorney Thomas Andrew Player's Legal Cases

Appeals

Mercury Ins. Group of Fla. v. AFO Imaging, Inc., 108 So. 3d 1094 (Fla. 2d DCA 2012)

May 11, 2012

OUTCOME: Mercury Insurance Gourp's Petition for Writ of Certiorari was denied.

Successfully defended Mercury Insurance Group's appeal to the Circuit Court; Mercury then filed a petition for writ of certification to the Second District Court of Appeals. The issues on appeal were ... whether an independent diagnostic corporate supplier of x-ray services, who is entitled to submit a claim for both the technical and professional components of the diagnostic testing, and who does not, and is not required to, have a professional license, is required by § 627.736(5)(d), Fla Stat. (2006), to include the professional license number of either the interpreting radiologist or its medical director on its claim form in order to have furnished the insurer with notice of a covered loss under § 627.736(4)(b), Fla Stat. (2006); and, did the trial court abuse its discretion in denying Mercury’s third motion for leave to amend its affirmative defenses, which Mercury brought to be heard by the trial court the week before jury trial was to commence.

Appeals

Geico Indem. Co. v. Physicians Group, LLC, 47 So. 3d 354 (Fla. 2d DCA 2010)

Nov 03, 2010

OUTCOME: The judgment of the trial court was affirmed.

Successfully represented the Appellee health care provider in this case in which they sued appellant insurer, seeking a declaratory judgment regarding the insurer's liability for further payment of med ... ical bills for care. The County Court for Sarasota County (Florida) entered summary judgment in favor of the provider, and certified a question. The insurer appealed. The provider sought payment for services based on a policy issued to its patient in 2006. The insurer claimed that the 2008 version of the personal injury protection statute, § 627.736, Fla. Stat. (2008), allowed the insurer to reduce payment to the provider for services rendered. The trial court ruled that the 2008 version did not apply to the insurance policy in this case because the policy was issued prior to the effective date of the 2008 statute. The appellate court agreed. A plain reading of the 2008 Florida Motor Vehicle No-Fault Law did not indicate a legislative intent that it applied retroactively to the policy in this case.

Appeals

Vonder Haar v. Hennessy, 1 So. 3d 190 (Fla. 5th DCA 2009)

Feb 03, 2009

OUTCOME: The Fifth DCA affirmed the trial court.

Successfully defended this appeal in which the issue was whether the trial court abused its discretion in evaluating the weight and credibility of the evidence presented concerning Vonder Harr's mental ... capacity to enter into a contract for the sale of real estate.

Thomas Andrew Player's Legal Cases (3)

Mercury Ins. Group of Fla. v. AFO Imaging, Inc., 108 So. 3d 1094 (Fla. 2d DCA 2012)

Geico Indem. Co. v. Physicians Group, LLC, 47 So. 3d 354 (Fla. 2d DCA 2010)

Vonder Haar v. Hennessy, 1 So. 3d 190 (Fla. 5th DCA 2009)