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Volume 22

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NEW SMYRNA IMAGING, LLC, as assignee of Thomas Cunniff, Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 724a

Online Reference: FLWSUPP 2206CUNNInsurance — Personal injury protection — Coverage — Medical expenses — PIP policy providing that insurer will pay 80% of reasonable expenses but also providing that amount payable “shall be subject to any and all limitations” authorized by PIP statute does not provide clear and unambiguous notice of intent to limit reimbursement to Medicare Part B fee schedule

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NEW SMYRNA IMAGING, LLC, as assignee of Alanna Pukala, Plaintiff, v. ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 719b

Online Reference: FLWSUPP 2206PUKAInsurance — Personal injury protection — Coverage — Medical expenses — PIP policy providing that insurer will pay 80% of reasonable expenses but also providing that amount payable “shall be subject to any and all limitations” authorized by PIP statute does not provide clear and unambiguous notice of intent to limit reimbursement to Medicare Part B fee schedule

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NEW SMYRNA IMAGING, LLC, as assignee of Joshue Garcia, Plaintiff, v. ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 714a

Online Reference: FLWSUPP 2206JGARInsurance — Personal injury protection — Coverage — Medical expenses — PIP policy providing that insurer will pay 80% of reasonable expenses but also providing that amount payable “shall be subject to any and all limitations” authorized by PIP statute does not provide clear and unambiguous notice of intent to limit reimbursement to Medicare Part B fee schedule

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MARKLEY CHIROPRACTIC & ACUPUNCTURE, LLC a/a/o Ilene Chavez, Plaintiff, vs. ALLSTATE INDEMNITY COMPANY, Defendant.

22 Fla. L. Weekly Supp. 383a

Online Reference: FLWSUPP 2203CHAVInsurance — Personal injury protection — Coverage — Medical expenses — Statutory schedules — Affirmative election — Policy at issue failed to provide required notice which would result in an enforceable election to apply statutory reimbursement limitations — Question certified: Does 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,” clearly and unambiguously notify the insured of the methodology the insurer will apply in limiting reimbursement of PIP benefits?

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CORAL SPRINGS PHYSICIANS ASSOCIATES, INC. as assignee of Jonathan Cambeiro, Plaintiff, vs. MERCURY INDEMNITY COMPANY OF AMERICA, Defendant.

22 Fla. L. Weekly Supp. 284a

Online Reference: FLWSUPP 2202CAMBInsurance — Personal injury protection — Coverage — Medical expenses — PIP policy providing that insurer will either pay 80% of reasonable expenses or pay based on permissive statutory fee schedule does not provide clear and unambiguous notice of intent to limit reimbursement to statutory fee schedule

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PALM BEACH PAIN INSTITUTE, INC., as assignee of Abraham Mantin, Plaintiff, vs. ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant

22 Fla. L. Weekly Supp. 281a

Online Reference: FLWSUPP 2202MANTInsurance — Personal injury protection — Coverage — Medical expenses — PIP policy that subjects payments to any and all limitations authorized by PIP statute, including all fee schedules, clearly and unambiguously elects to limit reimbursement to permissive statutory fee schedule

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