The issue at hand involves the determination of the proper method to apply the deductible when billing Personal Injury Protection (PIP). The decision reviewed by the 5th DCA (previously rendered by the circuit court in its appellate capacity) provides that, when calculating the amount of PIP benefits due to the insured, section 627.739(2) requires the deductible to be subtracted from the total medical care charges before applying the statutory reimbursement limitations provided in section 627.736(5)(a)1.b., Florida Statutes (2014).
The respondent, Florida Hospital Medical Center, contends that the court applied the correct law in utilizing this methodology. The petitioner, Progressive Select Insurance Company, argues that the statutory limitations must be applied first and the deductible subtracted from that amount.
The 5th DCA concluded that the deductible be applied to 100% of the expenses and losses in accordance with the previously rendered circuit court decision.All Posts
Phil Friedman and the FL Legal Group team have been monitoring this issue for over 4 years now, and they are pleased to announce that the momentum is shifting towards the plaintiff’s direction.
If you haven’t looked at this issue yet, this might be the time to do so. Let the FL Legal Group attorneys help you recover monies owed to you by the Insurance companies.
Please feel free to contact us at (813) 221-9500 or Click Here to further discuss how we can assist you through this process.
PROGRESSIVE SELECT INSURANCE COMPANY, vs. FLORIDA HOSPITAL MEDICAL CENTER; A/A/O JONATHAN PARENT.
Case No. 5D16-2333. Opinion filed November 17, 2017