1st DCA Strikes Down PIP Injunction based on Issue of Standing

Florida’s 1st District Court of Appeals struck down the injunction which was blocking the implementation of aspects of the new PIP statute. The injunction had found some of the most controversial elements of the new PIP law to be unconstitutional: the limitation of PIP benefits to $2,500 for insureds who are determined to not have an Emergency Medical Condition, and disallowing reimbursement for acupuncture and massaged therapy.

The 1st DCA did not decide the merits of the arguments regarding constitutionality. Rather, the Court determined that the Plaintiffs that brought the suit lacked standing to assert the constitutional claims.

This decision was expected.  We expect that Florida Courts will soon address the issue of the constitutionality of aspects of the new law in a case brought by an insured who has suffered actual harm, or by a medical provider who has accepted an assignment of benefits.

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