by MaxHerr » Sat Oct 26, 2013 12:12 am
From Best's News Service (a service of AM Best Co)
The Florida First District Court of Appeals has struck down an injunction that has prevented reforms to the state's personal injury protection private passenger automobile insurance system from being fully implemented, according to court records.
The injunction had stemmed from a lawsuit filed by a group of chiropractors, massage therapists and acupuncturists against Florida Insurance Commissioner Kevin McCarty over PIP reforms Florida lawmakers passed in 2012. "Carriers are absolutely free to fully implement the PIP reforms," said Michael Carlson, executive director of the Personal Insurance Federation of Florida.
Among other provisions, the law requires claimants to seek treatment within 14 days, requires initial treatment be at a hospital or by a claimant's physician, bans massage and acupuncture treatments and tightens requirements for medical clinic licensees. The law is aimed at reducing what state officials have called "rampant fraud" in the PIP system.
"In order to address fraud and abuse within Florida's no-fault auto insurance system and provide Floridians relief from being the No. 1 state in the nation for questionable auto claims, consumers must receive the benefit of these PIP reforms becoming fully effective," said Donovan Brown, state government relations counsel for the Property Casualty Insurers Association of America, in a written statement. "The injunction has held up these reforms and delayed their ability to do what was intended to curb fraud and stop the $1 billion fraud tax on Florida consumers."
The recent court ruling brings an end to confusion that has flooded the Florida auto insurance market for much of this year. Cloudiness around the law had stemmed from the way in which the suit was filed -- against McCarty, but no insurance companies.
The Florida First District Court of Appeals has struck down an injunction that has prevented reforms to the state's personal injury protection private passenger automobile insurance system from being fully implemented, according to court records.
The injunction had stemmed from a lawsuit filed by a group of chiropractors, massage therapists and acupuncturists against Florida Insurance Commissioner Kevin McCarty over PIP reforms Florida lawmakers passed in 2012. "Carriers are absolutely free to fully implement the PIP reforms," said Michael Carlson, executive director of the Personal Insurance Federation of Florida.
Among other provisions, the law requires claimants to seek treatment within 14 days, requires initial treatment be at a hospital or by a claimant's physician, bans massage and acupuncture treatments and tightens requirements for medical clinic licensees. The law is aimed at reducing what state officials have called "rampant fraud" in the PIP system.
"In order to address fraud and abuse within Florida's no-fault auto insurance system and provide Floridians relief from being the No. 1 state in the nation for questionable auto claims, consumers must receive the benefit of these PIP reforms becoming fully effective," said Donovan Brown, state government relations counsel for the Property Casualty Insurers Association of America, in a written statement. "The injunction has held up these reforms and delayed their ability to do what was intended to curb fraud and stop the $1 billion fraud tax on Florida consumers."
The recent court ruling brings an end to confusion that has flooded the Florida auto insurance market for much of this year. Cloudiness around the law had stemmed from the way in which the suit was filed -- against McCarty, but no insurance companies.
Posted: Sat Oct 26, 2013 03:59 pm Post Subject:
Hurdle #1 only. I'm betting plaintiff attorney lobby and doctors lobby against this ability so much so that it's watered down to nothing.
Yes, FL PIP (and many other states) has been broken from almost day one. PIP was created in FL and the actual laws were pretty much ignored in every court.
Add your comment