Judges Rule on PIP EMC Case Glenaan Robbins

I’m going to start posting Orders regarding EMC so everyone knows what is going on.

Glenaan Robbins v. Garrison Property and Casualty Insurance Company, Southern District of Florida (Federal).

Facts: Patient treated with doctors but did not get an EMC opinion.
Issue: Is PIP $10,000 and goes down to $2,500 when a treating doctors says “there is no EMC”? or Is PIP $2,500 and only bumps up to $10,000 when a treating doctor says “yes, there is an EMC”?

Judge Robert N. Scola Jr went with the second route stating that PIP is only $2,500 unless and until a treating doctor says “yes there is an EMC”.

Don’t freak out about this case. This patient didn’t get the EMC done. My office didn’t handle this case but I’M SURE IT IS GOING TO BE APPEALED.

Quote from the case:
In sum, the Court concludes that PIP medical benefits are limited to
$2,500 unless a physician, osteopathic physician, dentist, physician’s assistant, or advanced registered nurse practitioner has determined that the injured person has an emergency medical condition. In light of this holding, Robbins has failed to allege a statutory violation.

For those legal nerds- you can view/download a copy of the Order by clicking here.

-Abe Ovadia


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