Jose Pagan of Allen, Kopet & Associates, PLLC, Tallahassee, for Amicus Curiae American Independent Insurance Co. Maria Elena Abate and Elana H. Gloetzner of Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A., Fort Lauderdale, for Amicus Curiae Florida Property and Casualty Association. Betsy E. Gallagher and Michael C. Clarke of Kubicki Draper, P.A., Tampa, for Amicus Curiae Progressive Express Insurance Company, and Progressive American Insurance Company. Edward K. Cottrell and John P. Marino of Fowler White Boggs, P.A., Jacksonville, and Hala Sandridge of Fowler White Boggs, P.A., Tampa, for Amicus Curiae Nationwide Mutual Fire Insurance Company, Nationwide General Insurance Company, Nationwide Assurance Company, Allied Property & Casualty Insurance Company, Depositors Insurance Company, Victoria Select Insurance Company and Victoria Fire & Casualty Insurance Company.
District Court of Appeal of Florida, Fourth District.
MAY, C.J.
In these consolidated appeals, a medical provider, the assignee of two independent insureds, appeals a final summary judgment concerning the application of the 2008 PIP statute to two policies that were in existence at the time of the statute's enactment. The county court granted summary judgment for the insurer, finding that the 2008 PIP statute allowed the insurer to pay less than 80% of the fee charged. The court...
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