FORTUNE INS. v. EVERGLADES DIAGNOSTICS

No. 98-1582.

721 So.2d 384 (1998)

FORTUNE INSURANCE COMPANY, Petitioner, v. EVERGLADES DIAGNOSTICS, INC., and Southeast Diagnostics, Inc., Respondents.

District Court of Appeal of Florida, Fourth District.

November 12, 1998.


Attorney(s) appearing for the Case

Diane H. Tutt of Diane H. Tutt, P.A., Plantation, for petitioner.

Laurie S. Moss of Law Offices of Laurie S. Moss, P.A., Davie, and Alan K. Marcus of Law Offices of Alan K. Marcus, P.A., Miami, for respondents.


FARMER, Judge.

In section 627.736(4)(b), the legislature has provided that personal injury protection (PIP) benefits are "overdue" if they are not paid within 30 days after notice of the loss and the amount of the claim is given to the insurer. In the very next subsection of the same statute the legislature has required that all PIP policies provide for binding arbitration of any claims dispute between the insurer and any provider of medical services who has agreed...

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