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0 Allstate Finds Success At Florida Supreme Court

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Robert Gluck Attorney at Law

In a stunning defeat for medical providers across the state of Florida, a divided Florida Supreme Court on Thursday sided with Allstate Insurance Company in a dispute about fees paid to care for victims of automobile accidents.

The 4-3 ruling focused on the personal-injury protection insurance program and attempts by Allstate to pay providers under certain fee schedules from the dated Medicare program. The fee schedules involve limits on payments for services rendered.

Medical providers challenged the archaic practice, arguing that insurance policies were “ambiguous” about whether Allstate would use the fee schedules to curtail reimbursements. The 4th District Court of Appeal, in a 2015 ruling that involved 32 similar and alike cases, backed the providers.

But the majority of the Supreme Court overturned that prior decision last month, finding that Allstate’s policies provided “legally sufficient notice” that the insurer would use the Medicare fee schedules.

The unanticipated 15-page decision, written by Justice Charles Canady and joined three other Justices, provided a detailed analysis of the policy wording and the personal-injury protection, or PIP, law.  Providers are not limited by the medicare fee schedules promulgated a long time ago and Allstate must pay according to those schedules. 

The complete article on this subject matter can be located at http://miami.cbslocal.com/2017/01/26/supreme-court-backs-insurer-on-pip-medical-fees/.

For more information on Florida personal injury litigation, please click on www.robertgluck.com/personal-injury.html. Mr. Gluck can also be reached toll free at 1-877-GLUCK-LAW.