Allstate Insurance Co. has asked the Florida Supreme Court to address the issue of reimbursement for medical services under the state’s No-Fault auto insurance system as a result of conflicting opinions in the lower courts. Allstate is looking to overturn a ruling in August 2015 by the 4th District Court of Appeal in favor of medical providers.
The 4th District Court of Appeal ruling addressed whether policies were clear that Allstate would reimburse the providers under a statutory fee schedule. The providers argued that the policies were “ambiguous” on the issue of whether such an election to pay at the fee schedule was made and the 4th District Court of Appeal agreed.
In the brief filed by Allstate to the Florida Supreme Court, Allstate argues that the August ruling conflicted with a decision by the 1st District Court of Appeal and that similar cases are currently pending in two other appellate courts. “Given that every Florida driver must carry PIP insurance, and the vast numbers of claims processed under such coverage, this conflict (between appeals courts) creates confusion and instability in the lower courts and impacts thousands of insureds and many other citizens and business in Florida”, according to the brief filed by Allstate.
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