"However, actions have consequences." Download United Automobile Insurance Co. v. A 1st Choice Healthcare Sys's, Inc. (Fla. 3d DCA Opinion Filed November 4, 2009), at 6. Consider what those consequences can include, in this further post of what the Florida Appellate Court observed in this interesting new decision under Florida Statute Section 627.736(4).
The Florida Appellate Court reasoned in this new case that an overdue payment under the Florida Personal Injury Protection Statute, Section 627.736, entitles the insured "by law to an award of interest on the overdue payment and potentially an award of attorney fees for non-payment if counsel is involved." Download United Automobile Insurance Co. v. A 1st Choice Healthcare Sys's, Inc. (Fla. 3d DCA Opinion Filed November 4, 2009), at 6-7.
"Furthermore," said the Court in this recent decision, "an insurer who does not act 'fairly and honestly toward its insured' in the settlement of properly submitted personal injury protection benefits claims may be subject to a statutory first-party bad faith action with all of its attendant consequences.... This is the manner in which the legislature has chosen to regulate insurers in matters of this type." Download United Automobile Insurance Co. v. A 1st Choice Healthcare Sys's, Inc. (Fla. 3d DCA Opinion Filed November 4, 2009), at 7.
The role of legislative regulatory schemes in fashioning implied or private causes of action in first-party insurance cases in particular, or as in this recent decision, refusing to do so, is explored by Dennis J. Wall, "Litigation and Prevention of Insurer Bad Faith" ยงยง 9.15-9.16 (Second Edition Shepard's/McGraw-Hill, 2009 Supplement West Publishing Company).
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