In a newly released Florida Appellate Court decision, the Court confronted two issues involving Florida Statute Section 627.736(4)(2004), which was and is a subsection of Florida's Personal Injury Protection or "PIP" Statute. The first issue was whether the Florida Statute establishes "a firm deadline" for providing a Policyholder with an Explanation of Benefits ("EOB") under Florida's Motor Vehicle No Fault Law.
The Florida Appellate Court held that it does not. Download United Automobile Insurance Co. v. A 1st Choice Healthcare Sys's, Inc. (Fla. 3d DCA Opinion Filed November 4, 2009), attached Official Slipsheet Opinion at 7-8.
The second issue was whether the Florida Statute conveys a private or implied statutory cause of action in cases where it is allegedly breached.
The Florida Appellate Court again held that it does not. Download United Automobile Insurance Co. v. A 1st Choice Healthcare Sys's, Inc. (Fla. 3d DCA Opinion Filed November 4, 2009), at 8.
"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 a further post yet to come, involving this interesting new decision under Florida Statute Section 627.736(4).
TO BE CONTINUED ......
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