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Florida Fourth DCA reverses trial court, rules that defendant PIP insurance carrier was entitled to judgment in its favor in fee dispute with medical provider because it clearly and unambiguously provided notice of its intention to use permissive statutory fee schedules

On August 25, 2021, in Allstate Property & Casualty Insurance Company v. Marcia C. Sasso, D.C., P.A., No. 4D21-0141, the Florida Fourth DCA reversed a trial court’s summary judgment in favor the plaintiff medical provider in a PIP case against the defendant insurance company. The trial court entered judgment in the medical provider’s favor on the determination that the policy’s PIP did not clearly and unambiguously provide notice of the insurer’s intention to use the permissive fee schedules referenced in Fla. Stat. § 627.736(5)(a)2 (2009), to limit the reimbursement amount for the insured’s chiropractic medical expenses. The Fourth DCA concluded that the insurer was entitled to judgment in its favor as a matter of law in accordance with Allstate Insurance Co. v. Orthopedic Specialists, 212 So. 3d 973 (Fla. 2017), because it clearly and unambiguously provided notice of its intention to use the permissive fee schedules.

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