ALLSTATE INS. CO. v. ORTHOPEDIC SPEC.

No. SC15-2298.

212 So.3d 973 (2017)

ALLSTATE INSURANCE COMPANY, Petitioner, v. ORTHOPEDIC SPECIALISTS, etc., Respondents.

Supreme Court of Florida.

January 26, 2017.


Attorney(s) appearing for the Case

Suzanne Youmans Labrit and Douglas Gerard Brehm of Shutts & Bowen LLP, Tampa, Florida; Peter J. Valeta of Cozen O'Connor, Chicago, Illinois; and Richard C. Godfrey of Kirkland & Ellis, LLP, Chicago, Illinois, for Petitioner.

Gary M. Farmer and Gary Michael Farmer, Jr. of Farmer Jaffe Weissing Edwards Fistos & Lehrman P.L., Fort Lauderdale, Florida; David Michael Caldevilla of De La Parte & Gilbert, P.A., Tampa, Florida; and Stephen Douglas Deitsch and Lindsay Capri Porak of Deitsch & Wright, P.A., Lake Worth, Florida, for Respondents.

Edward Herbert Zebersky of Zebersky Payne, LLP, Fort Lauderdale, Florida; and Lawrence Mark Kopelman of Lawrence M. Kopelman, P.A., Fort Lauderdale, Florida, for Amicus Curiae Florida Medical Association.


In this case we consider whether a personal injury protection ("PIP") insurance policy provides legally sufficient notice of the insurer's election to use the permissive Medicare fee schedules identified in section 627.736(5)(a)2., Florida Statutes (2009), to limit reimbursements for medical expenses. The case is before the Court for...

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