PADILLA v. LIBERTY MUT. INS. CO.

Nos. 3D01-1187, 3D01-2526.

870 So.2d 827 (2003)

Lazaro PADILLA and Eloy and Irma Rivero, Appellants, v. LIBERTY MUTUAL INSURANCE COMPANY and Urban Insurance Company of Pennsylvania, Appellees.

District Court of Appeal of Florida, Third District.

July 23, 2003.


Attorney(s) appearing for the Case

Diane H. Tutt (Plantation) and Sharon C. Degnan (Plantation), for appellants.

Conroy, Simberg, Ganon, Krevans & Abel and Brian P. Night, for appellee, Urban Insurance Company of Pennsylvania; Akerman, Senterfitt & Eidson and Nina K. Brown, and Mark S. Shapiro and Jennifer Cohen Glasser, for appellee, Liberty Mutual.

S. Marc Hershovitz (Tallahassee) for the Florida Department of Insurance as amicus curiae.

Shutts & Bowen LLP and Frank A. Zacherl and Joey E. Schlosberg for Geico Indemnity Company as amicus curiae.

Before SCHWARTZ, C.J., RAMIREZ. J., and NESBITT, Senior Judge.


NESBITT, Senior Judge.

Both appellants in these consolidated cases appeal the dismissal of putative class actions which sought to challenge, as being too low, the 32.5 cent per mile travel reimbursement benefit paid to PIP insureds for automobile travel expenses incurred while driving to and from medical providers. The appellants' claims are based upon § 627.736(1)(a), Florida Statutes (2000), which requires PIP medical benefits to include the payment of 80%...

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