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Florida Fifth DCA rules that Florida’s PIP statute does not preclude an insurer from limiting its reimbursement to 80% of the total billed amount even when the amount billed is less than the statutory fee schedule

On December 20, 2019, in Geico Indemnity Company v. Accident & Injury Clinic, No. 5D19-1409, the Florida Fifth DCA concluded that that Florida’s PIP statute, Section 627.736, Fla. Stat. (2017), does not preclude an insurer from limiting its reimbursement to 80% of the total billed amount even when the amount billed is less than the statutory fee schedule. The Fifth DCA noted that the statute indicates that the insurer “may” pay the amount of the charge submitted in this situation but is not required to do so. The Fifth DCA accordingly quashed the lower court’s decision to the contrary.

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