27 Fla. L. Weekly Supp. 130a
Online Reference: FLWSUPP 2702JPERInsurance — Personal injury protection — Coverage — Medical expenses — Statutory fee schedules — Election by insurer
ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. GABLES MRA, a/a/o Javier Perez Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 2014-000377-AP-01. (Consolidated with 14-384 AP.) L.T. Case No. 2012-014014-SP-25. March 26, 2019. Appeal from the County Court for Miami-Dade County. Gloria Gonzalez, Judge. Counsel: Suzanne Labrit and Douglas Brehm for appellant. Marlene S. Reiss, for appellee.[Lower court order at 21 Fla. L. Weekly Supp. 964a]
(Before DIANE V. WARD, MARISA TINKLER-MENDEZ, and CHARLIE JOHNSON, JJ.)
The issue raised on appeal is whether a PIP policy that expressly states that “any amounts payable under this coverage shall be subject to any and all limitations authorized by Fla. Stat. § 627.736, . . . including, but not limited to, all fee schedules” notifies the insured of the insurer’s election to use the fee schedule reimbursement limitations authorized by subsection 5(a)(2).
A confession of error has been commendably filed by the Appellee in this case, due to a subsequent ruling by the Florida Supreme Court finding this language to be sufficient. Allstate Ins. Co. v. Orthopedic Spec., 212 So.3d 973 (Fla. 2017) [42 Fla. L. Weekly S38a]. As such, we find that the Confession of Error is well taken, and we reverse and remand to the County Court for proceedings consistent with this opinion.
