Last Week Court Cases on PIP

Last week there were two big cases that came out related to PIP-

The first case was a really big case out of the First DCA court in Tally being handled by Retired 4th DCA Judge Gary Farmer Sr. This case will likely make its way to the Supreme Court next. Stay tuned and let’s stay positive. The issue in the case was whether Allstate could pay at 200% of Medicare fee schedule from 2008 to 2012. The Allstate policy said they could pay at “state fee schedules” and Plaintiff’s argued that was ambiguous. The Appellate Court said “Yes, Allstate can pay at 200% of Medicare”. Don’t forget that the lower court said “No, Allstate’s policy was ambiguous and couldn’t pay at 200% Medicare.” Let’s hope the lower court judges got it right and the appellate judges got it wrong. A “sister case” is out of Palm Beach’s 4th DCA and hopefully there will be a different result. You can read the Allstate opinion here.

The sister case out of the 4th DCA is having oral arguments on April 14th. Stay tuned for video footage if I can get it.
The second case was a lower court case out of Miami. It is a lower court case meaning it will be years before this makes its way to the Florida Supreme Court. Don’t get excited just yet. I still recommend getting your EMC’s in order to get paid. Any PIP lawyer telling you that you don’t need EMC is just hoping to get more PIP cases and won’t guarantee the $7500 if he/she doesn’t win the PIP suit. Most insurance companies are going to ignore this lower court opinion until it gets appealed. Please make sure you get your EMC’s if you want to get paid above $2,500 without a PIP suit. If you want every case to be a PIP suit then don’t get the EMC but that will obviously effect your cash flow. You can read the EMC case here.

Questions or comments please feel free to ask anonymously below. Call our office if you would like a free consultation on your account receivables. 888-948-2144- Abe Ovadia, Esq

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