Michelle L. Hendrix (Northwest Florida/Pensacola) (Automobile Liability/PIP) obtained a reversal from the First District Court of Appeal on a motion for summary judgment that was granted in favor of plaintiff, Stand-Up MRI of Tallahassee, and denied against the defendant Allstate.
The parties agreed early in the litigation that the issue presented was purely legal, i.e. whether the language of the Allstate policy gives sufficient notice of its election to limit PIP reimbursements by use of the schedules. The parties agreed to submit competing motions for summary judgment to the District Court arguing their respective positions.
After the District Court’s ruling, the First District Court of Appeal heard oral argument and issued a written opinion on March 18, 2015. Although the trial court found that the language of the Allstate policy was not sufficient to put the insured on notice that Allstate intended to make payments utilizing fee schedules, the First District Court of Appeal disagreed, finding that Allstate’s policy provided adequate notice of its election to use the Medicare fee schedules in _ 627.736(5)(a)2, Florida Statutes.