Opinion
Case No. 96-148
Opinion filed July 9, 1997.
An Appeal from the Circuit Court for Dade County, Gisela Cardonne, Judge.
Wilson, Elser, Moskowitz, Edelman Dicker, and Robin Taylor Symons, for appellant.
Sheftall Alvarez Torres, and Scott D. Sheftall, and Brian M. Torres; Zebersky Zebersky Giulanti, and Edward H. Zebersky (Plantation), for appellee.
Before JORGENSON, GERSTEN, and FLETCHER, JJ.
Appellant, Union American Insurance Company, appeals a non-final order denying its motion to compel arbitration over a dispute involving the timeliness of payment for medical benefits to appellee, U.S.A. Diagnostic, Inc. For the same reasons discussed by this court in Orion Ins. Co. v. Magnetic Imaging Systems I, Case No. 96-1253 (Fla. 3d DCA July 2, 1997), we conclude that the dispute concerning entitlement to interest is subject to arbitration under Section 627.736(5), Florida Statutes (1997), and thus it was error for the trial court to deny Union's motion.
Accordingly, we reverse and remand for arbitration of Union's claim. See U.S. Security Ins. Co. v. Magnetic Imaging Systems, I, LTD., 678 So.2d 872 (Fla. 3d DCA 1996); Zac Smith Co. v. Moonspinner Condominium Assoc., 472 So.2d 1324 (Fla. 5th DCA 1985).
Reversed and remanded.