CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 1417, 2001 WL 121163
...e paying for the treatment under the contract. The Greenes would be entitled to attorney's fees as the prevailing party on those counts, but Counts III and IV did not seek to enforce the terms and conditions of the contract. The Greenes also rely on section 641.3917, Florida Statutes, which provides: Civil liability.The provisions of this part are cumulative to rights under the general civil and common law, and no action of the department shall abrogate such rights to damage or other relief in any court....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2005 WL 1026183
...408.7056. [1] (Emphasis added; footnote added) The Act also contains provisions concerning civil remedies, civil liability, the *218 validity of non-complying contracts, and the interpretation of contracts deviating from the statute. See §§
641.28;
641.3917;
641.3105(1)....
...ract. In Greene, an insured brought action against a HMO for violation of the Act, demanding recovery for bad faith and loss of consortium for refusing to pay for treatment. In affirming a dismissal, we concluded that the civil liability language in section 641.3917, Florida Statutes, does not infer a private cause of action against an HMO for unfair or deceptive practices and bad faith....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 1990, 2003 WL 365908
...This statute merely authorizes prevailing party attorney fees for those lawsuits. [2] Suit on a contract with an HMO is not involved in this appeal. As noted above, Florida Physicians is seeking only a declaratory judgment that United Health Care has and is violating the statute. Second, section 641.3917....
