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GEICO INDEM. CO. v. PHYSICIANS GROUP, LLC

Case No. 2D09-1165.

47 So.3d 354 (2010)

GEICO INDEMNITY COMPANY, Appellant, v. PHYSICIANS GROUP, LLC, a/a/o Paul Androski, Appellee.

District Court of Appeal of Florida, Second District.

November 3, 2010.

Attorney(s) appearing for the Case

Charles W. Hall and Mark D. Tinker of Banker Lopez Gassler, P.A., St. Petersburg, for Appellant.

Thomas Andrew Player of Weiss Legal Group, P.A., Maitland; Anthony D. Barak of Barak & Ziutani, L.L.C., Sarasota; and David M. Caldevilla of de la Parte & Gilbert, P.A., Tampa, for Appellee.

J. Kurt Kaple of The Kaple Law Firm, P.A., Aventura, for Amicus Curiae 21st Century Insurance Company.

Douglas H. Stein of Seipp & Flick, Miami, for Amicus Curiae Progressive American Insurance Company.

Jose Pagan of Allen , Kopet & Associates, PLLC, Tallahassee, and Aaron E. Leviten of Allen, Kopet & Associates, PLLC, Winter Park, for Amicus Curiae American Independent Insurance Company.

Gary M. Farmer, Jr. of Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, PL, Fort Lauderdale, and Edward H. Zebersky of Zebersky & Payne, LLP, Hollywood, for Amicus Curiae The Florida Medical Association.

MORRIS, Judge.

GEICO Indemnity Company seeks this court's discretionary review of an order of the county court entering final declaratory judgment in favor of Physicians Group, LLC, on Physicians Group's complaint against GEICO for further payment of medical bills for care provided by Physicians Group to GEICO's insured. GEICO claimed that the 2008 version of the personal injury protection (PIP) statute, section 627.736, Florida Statutes (2008), allowed GEICO to reduce...

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