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ALLSTATE INS. CO. v. HOLY CROSS HOSP., INC.

Nos. 4D03-4534, 4D03-4537.

895 So.2d 1241 (2005)

ALLSTATE INSURANCE COMPANY, Appellant, v. HOLY CROSS HOSPITAL, INC., as assignee of Matthew Winik, Appellee.

District Court of Appeal of Florida, Fourth District.

March 2, 2005.

Attorney(s) appearing for the Case

Jack R. Reiter of Adorno & Yoss, P.A., Miami, and Richard C. Godfrey, P.C., and Andrew A. Kassof of Kirkland & Ellis LLP, Chicago, Illinois, for appellants Allstate Insurance Co. and Allstate Indemnity Co.

Peter J. Valeta of McGuire Woods LLP, Chicago, Illinois, for Amicus Curiae Florida Insurance Council, Inc.

George A. Vaka of Vaka, Larson & Johnson, P.L., Tampa, and Laura M. Watson of Watson & Lentner, Fort Lauderdale, for appellees Holy Cross Hospital, Inc., as assignee of Matthew Winik and Holy Cross Hospital, Inc., as assignee of Lawrence Wiesner.

STEVENSON, J.

These consolidated cases come to this court on a question certified by the Broward County court as one of great public importance:

Is an insurer required to comply with the provisions of section 627.736(10), Fla. Stat. in order to take preferred provider reductions in the payment of PIP benefits for medical services rendered to its insureds?

We answer the certified question in the negative and reverse the judgment of the lower court...

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