In Geico General Ins. Co. v. Virtual Imaging Services, Inc., No. SC12-905 (Fla. 2013), the Supreme Court of Florida held that in order to limit reimbursements using the Medicare fee schedule, the insurer must give notice to the insured by specifically electing to use that methodology in its insurance policy.
The Supreme Court’s decision is consistent with the previous decisions in the district courts of appeal. In addition, the new PIP statute specifically states that the insurer must contain such language in its policy.
We expect insurers to begin paying many claims which have been held up in litigation, awaiting this decision.
If you have claims that have been reduced in the past five years, please contact us to determine whether the insurance company properly reduced your payment.
A link to the case can be found at: https://www.floridasupremecourt.org/decisions/2013/sc12-905.pdf
Lyle B. Masnikoff, Esq.
Law Offices of Lyle B. Masnikoff & Associates, P.A.
1645 Palm Beach Lakes Blvd., Suite 550
West Palm Beach, FL 33401