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Volume 23

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EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLP, as assignee of Christopher Skidmore, Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant.

23 Fla. L. Weekly Supp. 191a

Online Reference: FLWSUPP 2302SKIDInsurance — Personal injury protection — Coverage — Medical expenses — Deductible — Standing — Medical provider has standing to challenge manner in which insurer calculated and applied deductible — PIP policy providing that insurer will pay 80% of reasonable expenses does not provide clear and unambiguous notice of intent to limit reimbursement to permissive statutory fee schedule — Because insurer’s usage of permissive fee schedule to reduce provider’s charges was impermissible, question of whether deductible should be applied before or after making fee schedule adjustments is moot

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EMERGENCY MEDICAL ASSOCIATES OF TAMPA BAY, L.L.C., as assignee of Sheena Romero, Plaintiff, v. USAA GENERAL INDEMNITY COMPANY, Defendant.

23 Fla. L. Weekly Supp. 980a

Online Reference: FLWSUPP 2309ROMEInsurance — Personal injury protection — Coverage — Emergency services — Deductible — Insurer improperly processed medical bills out of order by applying deductible to bill from emergency service provider, which was third bill received, instead of applying deductible to first bill received — Standing — Assignment — Document that assigns insured’s PIP benefits to “facility” and “provider” confers standing on emergency room physicians as providers

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