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Articles Posted in Personal Injury Protection (PIP)

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State Supreme Court Affirms Ruling in Favor of Drinking Establishment in Negligence Lawsuit

The Supreme Court of Nebraska recently released a decision in which they upheld a lower court’s ruling that granted summary judgment to a drinking establishment in a negligence lawsuit that had been filed by a man who was injured after a disgruntled patron returned to the bar after being forcibly…

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Tampa Court Declines to Dismiss Class Action Lawsuit Filed Over Car Accident Victim PIP Payments

In AA Suncoast Chiropractic Clinic, PA v. Progressive America Ins. Co., a group of Florida chiropractic clinics filed a class action lawsuit against an insurance company, claiming the insurer breached its contract when it failed to reimburse the medical providers for the care each provided following various motor vehicle collisions.…

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Appeals Court Rules Florida Car Accident Victim’s PIP Benefits Subject to Contracted-For Deductible

In Mercury Insurance Co. v. Emergency Physicians of Central Florida, a Florida woman was injured in a car accident. At the time of the traffic wreck, the woman carried $10,000 in personal injury protection (“PIP”) benefits that she purchased from her auto insurer. As part of the PIP policy, the…

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PIP Benefits Not Due When Insurer Lacked Notice in Florida Pedestrian Injury Case

In State Farm Mutual Automobile Insurance Company v. Gonzalez, a pedestrian was apparently struck by a car in Florida in May 2001. Following the incident, the injured woman was treated at a local emergency room. The woman’s health care insurer later paid the hospital $685 for the woman’s treatment. The…

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Florida Appeals Court Holds Policy History is Irrelevant Where PIP Insurance was Cancelled for Nonpayment

In Government Employees Insurance Company v. Kisha, a Florida couple purchased automobile insurance from an insurer for a designated policy period of December 2010 through June 2011. In lieu of making one premium payment, the couple opted to make recurring monthly payments to the company. After the couple failed to…

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First District Court of Appeal in Florida Overturns Summary Judgment in Favor of Auto Insurer Despite That Applicant Made Material Misrepresentations

In Echo v. MGA Insurance Co., Inc., a Florida woman purchased an automobile using another individual’s name. Despite doing so, she obtained a motor vehicle insurance policy on the vehicle in her own name. In her application, the woman stated she was the owner of the insured vehicle and the…

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Florida’s Second District Reverses Over Trial Court’s Erroneous PIP Offset Ruling

In Moody v. Dorsett, a man was hurt in a motor vehicle collision that a jury determined was caused by another driver. As a result, jurors returned a verdict of about $11,000 against the negligent woman. Prior to trial, the man received approximately $5,500 in personal injury protection (“PIP”) benefits…

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Florida Appeals Court Holds Auto Insurer is Not Liable for PIP Benefits Above the Statutory Maximum Absent Bad Faith

In Geico Indemnity Co. v. Gables Ins. Recovery, Inc., a woman was hurt in a motor vehicle collision. Following the accident, she obtained medical treatment and assigned the personal injury protection (“PIP”) benefits provided by her car insurance company to the business that performed her x-rays. The company then assigned…

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Florida Car Accident Case Analyzes Extended PIP Policy Limits: Spaid v. Integon Indemnity Corp.

A Florida appeals court has ordered an automobile insurer to pay all of a car accident victim’s medical expenses pursuant to the terms of the extended personal injury protection (PIP) provision included in her policy. In Spaid v. Integon Indemnity Corp., a woman asked her auto insurer to pay more…

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New Florida PIP Law Limits Time and Medical Options for Those Injured In a Car Accident

Four children and one adult driver had to be taken to the hospital near Miami, Florida after a driver crossed the center-line and hit their shuttle van head-on. Two children were ejected from the vehicle, but were in stable condition, one child’s condition was unknown, and the fourth child and…

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