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Volume 3

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ADVANCED ORTHOPEDIC INSTITUTE, Appellant, v. BANKERS INSURANCE COMPANY, Appellee.

3 Fla. L. Weekly Supp. 673a

Appeals — Circuit court has jurisdiction to review county court’s non-final order compelling arbitration — Insurance — Personal injury protection — Provision in automobile insurance policy requiring binding arbitration of any PIP claims dispute involving medical benefits between insurer and medical provider once the provider has accepted an assignment of benefits is not enforceable against medical provider who was neither party to arbitration agreement nor intended third-party beneficiary — Arbitration provision in policy did not contain personal covenant on part of insured to arbitrate PIP claims disputes — Medical provider did not assent to arbitration or waive its right to jury trial by virtue of accepting assignment from insured — To extent policy incorporated section 627.736(5), statute merely requires insurers to provide for binding arbitration in their PIP policies, but does not mandate arbitration of all PIP disputes between medical providers and PIP carriers

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