Narrative Opinion Summary
The case involves an appeal by Humana Health Insurance Co. against a declaratory judgment that designated it as the primary insurance carrier for Anthony Charles Smith from November 1, 1988, through April 19, 1989, after which Halifax Health Network assumed the primary carrier role. The core legal issue centered on the applicability of section 627.4235 of the Florida Statutes relating to insurance coverage for children born to unwed parents. The child, Anthony, required significant medical care following his premature birth. Both parents, Evangelene Roberts and Robert Smiley, were residents of Daytona Beach, Florida, but were neither married nor cohabitating, presenting a unique situation for determining primary insurance responsibility. The trial court concluded that the 'birthday rule' under subsection (4)(b) applied, assigning Humana as the primary carrier due to Smiley’s earlier birthday. After April 19, 1989, custody shifted solely to Evangelene, thus making Halifax Health Network the primary insurer pursuant to section 627.4235(4)(c). The appellate court affirmed this judgment, with Judges Peterson and Sawaya concurring, solidifying the procedural application of the Florida Statutes in determining primary insurance coverage based on the custodial parent's status.
Legal Issues Addressed
Custodial Parent Insurance Coveragesubscribe to see similar legal issues
Application: The court determined that after April 19, 1989, Evangelene Roberts had sole custody of Anthony, thereby making Halifax Health Network the primary insurance carrier in accordance with section 627.4235(4)(c) of the Florida Statutes.
Reasoning: Post-April 1989, with Anthony living with Evangelene, the custody shifted, thus making Halifax the primary carrier per section 627.4235(4)(c).
Insurance Coverage Determination under the Florida Statutessubscribe to see similar legal issues
Application: The court applied section 627.4235(4)(b) of the Florida Statutes, determining that the 'birthday rule' was applicable in establishing Humana as the primary insurance carrier for Anthony Charles Smith during his hospitalization.
Reasoning: Instead, it concluded that the 'birthday rule' under subsection (4)(b) applied, making Humana the primary carrier while Anthony was hospitalized, as Smiley's birthday (March 25) precedes Evangelene's (November 9).