16 Fla. L. Weekly Supp. 1079a
Online Reference: FLWSUPP 1611GARO
Insurance — Personal injury protection — Coverage — Policy issued during statutory gap period — 2008 PIP statute revised and amended all policies, including policy issued during statutory gap period created by sunsetting of PIP statute, to incorporate new PIP statute — Insurer was within rights to pay benefits pursuant to fee schedule established in 2008 statute
RPM MEDICAL CENTER, INC., a/a/o HERMER J. GAROFALO, Plaintiff, vs. MERCURY INSURANCE COMPANY OF FLORIDA, Defendant. County Court, 11th Judicial Circuit in and for Miami Dade County, Civil Division. Case No. 09-1352 SP 26 (03). September 9, 2009. Patricia Marino Pedraza, Judge. Counsel: Neil M. Gonzalez, Miami. George Shirejian, Shirejian & O’Hara, Aventura, for Defendant.
REVERSED. 18 Fla. L. Weekly Supp. 733c
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE came before the Court on the 25th day of August, 2009 on Defendant’s Motion for Summary Judgment and after hearing argument of counsel and upon review of the file, affidavits and case law it is:
ORDERED AND ADJUDGED as follows:
1. The policy at issue in this case was effective from December 12, 2007 to June 12, 2008.
2. On or about March 19, 2008, the claimant was involved in an automobile accident in which he received services from the Plaintiff. Services were provided from March 24, 2008 through May 19, 2008.
3. The Defendant issued payment to the Plaintiff pursuant to the 2008 PIP fee schedule.
4. At the time of the issuance of the insurance policy, there was no PIP law in effect. The Florida No-Fault laws “sunsetted” on October 1, 2007.
5. Florida Statute 627.7407 (2008) specifically states that:
(1) Any person subject to the requirements of ss. 627.730-627.7405, the Florida Motor Vehicle No-Fault Law, as revived and amended by this act, must maintain security for personal injury protection as required by the Florida Motor Vehicle No-Fault Law, as revived and amended by this act.
(2) Any personal injury protection policy in effect on or after January 1, 2008 shall be deemed to incorporate the provisions of the Florida Motor Vehicle No-Fault Law, as revived and amended by this act.
(5)(c) That if the policyholder already has personal injury protection coverage, that coverage will be amended effective January 1, 2008, to incorporate legally required changes without any additional premium and that the policyholder is not required to take any further action (emphasis added).
6. “ ‘Legislative intent is the polestar (emphasis added) by which a court must be guided in interpreting the provisions of the law. In ascertaining the legislative intent, a court must consider the plain language of the statute, give effect to all statutory provisions, and construe related provisions in harmony with one another.’ ” Florida Department of Revenue v. New Sea Escape Cruises Ltd, 894 So.2d 954, 957 (Fla. 2005), citing Hechtman v. Nations Title Ins. Of New York, 840 So.2d 993, 996 (Fla. 2003); see also Arnold, Matheny, & Eagan, P.A. v. First American Holdings, Inc., 982 So.2d 628, 633 (Fla. 2008) (“This Court must construe the statute in accordance with legislative intent by looking primarily at the statutory language. If the language is clear and unambiguous, then this Court has no further reason to apply the rules of statutory construction.” Id., citations omitted)This Court finds that the clear intent of the statute is that all policies were revised and amended to incorporate the new PIP statute enacted on January 1, 2008, i.e. including the new fee schedule delineated in Fla. Stat. 627.736(5). The new fee schedule sets the floor for what PIP insurers may reimburse providers for dates of service after January 1, 2008.
7. Therefore, Mercury was well within its right to implement the new fee schedule contained within the statute.
8. Defendant’s Motion for Summary Judgment regarding application of Florida Statute 627.736(5)(a)(2)(f) (2008) is hereby GRANTED.
