Opinion
Case No. 97-2270
Opinion filed August 6, 1997
Appeal from the Circuit Court, Broward County, Jeffrey E. Streitfeld, J.
Charles J. Kane of Greenspan Kane, Boca Raton, for petitioner.
No appearance required for respondent.
This case presents the substantive issue we were unable to reach in State Farm Mut. Auto. Ins. Co. v. U.S.A. Diagnostics Inc., No. 96-4050 (Fla. 4th DCA July 23, 1997), for lack of jurisdiction. The issue is whether a voluntary assignee-provider of PIP benefits can be compelled under the arbitration provision in the policy to arbitrate the assignee's claim against the insurer for payment. See § 627.736(5) Fla. Stat. (1995) (motor vehicle liability insurance policy shall provide for "binding arbitration of any claims dispute involving medical benefits arising between the insurer and any person providing medical services or supplies if that person has agreed to accept assignment of [PIP] benefits"). We agree entirely with the holding of the third district on this issue in Orion Ins. Co. v. Magnetic Imaging Systems I, 22 Fla. L. Weekly D1595 (Fla. 3rd DCA July 2, 1997), and therefore approve the decision of the circuit court sitting in its appellate capacity.
CERTIORARI DENIED.
WARNER and POLEN, JJ., concur.