In Shands Jacksonville Medical Center, Inc. v. State Farm Automobile Insurance Company,  40 FLW D1447a (Fla. 1st DCA June 22, 2015), the First District Court of Appeals ruled on the ways a PIP carrier can obtain information from PIP medical providers in Florida pre-litigation.

In this case, State Farm, sent a pre-litigation request to Shands pursuant to Florida Statute Section 627.736(6)(b) asking for:
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My clients were injured in a motor vehicle accident.  Before the accident, they wisely took out substantial automobile insurance to protect them, including coverages for bodily injury liability, uninsured motorists coverage, personal injury protection, and medical payments.

As a result of the accident, they incurred medical expenses.  These medical expenses were properly submitted to their

In United Automobile Insurance Company v. Palm Chiropractic Center, Inc., a/a/o Thomas, ____ So.3d ____ (Fla. 4th DCA 2010), the PIP insurer sent the insured for a compulsory medical examination.  Based on the results of the CME, the PIP insurer advised the insured’s medical provider that it would not pay for any further chiropractic care.  The insurer sent a check to the provider which stated "Pay to the order of PALM CHIROPRACTIC CTR FOR FULL & FINAL PAYMENT OF PIP BENEFITS F/A/O JOYCE THOMAS."  Palm cashed the check.


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In Geico Indemnity Company v. Physicians Group, LLC, a/a/o Paul Androski, ____ So.3d ____ (Fla. 2nd DCA August 13, 2010), the 2nd DCA ruled that the PIP fee schedules which went into effect on January 1, 2008, do not apply to any accidents that occurred before that date. 

The opinion was fairly short and straightforward.  Specifically

Today, in Massie v. Progressive Express Insurance Company, ____ So.3d ____ (Fla. 1st DCA November 17, 2009), the Circuit Court sitting in its appellate capacity reversed the trial judge’s order awarding a multiplier.  The Circuit Court reversed because the insured did not testify that she had difficulty securing counsel to represent her in the cause without

In United Automobile Insurance Co. v. Garrido, a/a/o Rodriguez, ____ So.3d ____ (Fla. 3d DCA October 28, 2009), the 3rd once spoke on the circumstances under which a PIP insurer can withdraw future PIP benefits.  According to the 3rd,

a ‘valid report,’ even where appropriately required under section 627.736(7)(a) [i.e. when withdrawing future benefits – as opposed to denying

In United Automobile Insurance Company v. Garrido, a/a/o Alarcon, ____ So.3d ____ (Fla. 3rd DCA October 28, 2009), United Auto – a PIP insurer – denied payment for past services rendered by Dr. Garrido to the insured.  United Auto did not first obtain a written report from a physician saying that the denied charges were not reasonable, necessary

In United Automobile Insurance Company v. Santa Fe Medical Center, ____ So.3d ____ (Fla. 3d DCA October 7, 2009), the medical provider took an assignment of PIP benefits from its patient.  Santa Fe submitted bills to United Auto for treatment rendered, and United Auto denied payment claiming that the treatment was not reasonable, necessary or related