Statute of Limitations in PIP cases

Statute Of Limitations In Pip Cases

Statute of Limitations Did you know that the Statute of Limitations in PIP cases is 5 years?  A PIP case is a breach of contract case.  A breach of contract case has a 5 year statute of limitations.  The PIP law is ever changing, whether it is legal decisions on the application of the fee […]

Insurers Need Proper Evidence in Order to Prove Material Misrepresentation

Insurers Need Proper Evidence in Order to Prove Material Misrepresentation

A recent case came out, Jarvis McKiver v. Windhaven Insurance Company, 26 Fla. L. Weekly Supp. 320a (13th Judicial Circuit in and for Hillsborough County, June 7, 2018), in which the Court granted summary judgment in favor of the insured on the issue of material misrepresentation. In finding for the insured, the Court held that […]

Will the Florida legislature get rid of PIP?

Will The Florida Legislature Get Rid Of Pip?

A Florida state House subcommittee recently voted by a 12-2 margin to get rid of PIP insurance. The bill will still need to be be considered and voted on by the entire Florida legislature before becoming law. Estimates state that would save the average driver $81 in annual insurance premiums, but at what cost to […]

State Farm Fee Schedule Cases

State Farm Fee Schedule Cases | Lyle B. Masnikoff, P.A

As you are all well aware, State Farm’s policies from 2008-2011 did not allow for fee schedule reductions. Since that period of time, State Farm has modified the language in a number of different policies. However, numerous courts have ruled on the language in various versions of State Farm policies 2012 and later. A number […]

Durable Medical Equipment – Another Excuse to Deny PIP Payments?

Durable Medical Equipment | Lyle B. Masnikoff, P.A

A recent trend we have noticed with PIP insurers is their overly broad use of denials based on a failure to have a proper license to sell durable medical equipment. There is some equipment that does require a license to sell durable medical equipment, such as a TENS unit. However, insurers have been using this […]

Will your auto insurance cover you during your holiday travel?

Will Your Auto Insurance Cover You During Your Holiday Travel?

Many people travel during the holidays, taking for granted the fact they are covered by their auto insurance. They have secured the required $10,000 in PIP coverage to cover their first $10,000 in medical expenses and lost wages. However, depending on their mode of transportation on their vacation, travelers may not be covered by their […]

PIP Insurers Have a Duty to Pre-authorize Treatment

Pip Insurers Have A Duty To Pre-authorize Treatment

Imagine the following scenario occurs. A patient needs treatment as a result of an auto accident. The medical provider cannot provide the treatment without payment or a promise of payment. What is a patient to do? The patient may have to figure out how to pay for the treatment themselves and seek to recover the […]

PIP IME Cutoff Analysis

PIP IME Cutoff Analysis | Lyle B. Masnikoff, P.A.

At the Law Offices of Lyle B. Masnikoff & Associates, P.A., we feel that a knowledgeable health care provider stands a greater chance of receiving compensation by the insurance companies for their work on PIP cases. CASE:  Wanda Kersaint v. United Automobile Insurance Company, 17 Fla. L. Weekly Supp. 214a (17th Judicial Circuit, Broward County, […]

Insurers for PIP Claims are Improperly Denying Manual Therapy Codes

Insurers For Pip Claims Are Improperly Denying Manual Therapy Codes

Under the new PIP statute, which took effect on January 1, 2013, massage and acupuncture are not reimbursable. While there are constitutional challenges to the new PIP law, many insurers are not paying these codes. A number of insurers are using this provision of the new PIP law to avoid paying other CPT codes as […]

Insurers Incorrectly Applying The $2,500 EMC Limitation

Some dishonest insurers are incorrectly applying the $2,500 EMC limitation to claims on policies that were in effect prior to the enactment of the new PIP statute on January 1, 2013. In Menendez v. Progressive Express Insurance Co., Inc., 35 So.3d 873 (Fla. 2010) the Supreme Court of Florida held that when a statute was […]