In this case the Florida Supreme Court was tasked with deciding whether the fee schedules set forth in section 627.736(5)(a), Florida Statutes, authorize an insurer to limit reimbursements for medical services rendered to an insured without giving notice in the insurance policy of the insurer’s election to use the schedules for calculating reimbursements. As amicus curiae, the Florida Justice Reform Institute argued that the intent of the Legislature’s enactment of a comprehensive fee schedule was to definitively cap reimbursement of reasonable medical expenses—not to establish an alternative reimbursement methodology. Despite the Legislature’s clear intent, the Florida Supreme Court held that an insurer must explicitly notice its election to use the schedules for calculating reimbursements in the policy because the personal injury protection benefits statute permits but does not require the insurer to use the fee schedules for calculating reimbursements.
FJRI represented by Cynthia S. Tunnicliff and Gerald Don Nelson Bryant IV of Pennington, Moore, Wilkinson, Bell, and Dunbar, P.A.