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STATE FARM v. CARE WELLNESS CENTER

No. 4D16-2254.

240 So.3d 22 (2018)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. CARE WELLNESS CENTER, LLC a/a/o Virginia Bardon-Diaz, Appellee.

District Court of Appeal of Florida, Fourth District.

March 14, 2018.

Attorney(s) appearing for the Case

Nancy W. Gregoire of Birnbaum, Lippman & Gregoire, PLLC, Fort Lauderdale, and Scott E. Danner of Kirwan, Spellacy & Danner, P.A., Fort Lauderdale, for appellant.

Marlene S. Reiss of Law Offices of Marlene S. Reiss, Esq., P.A., Miami, Thomas J. Wenzel of Cindy A. Goldstein, P.A., Coral Springs, and Stuart L. Koenigsberg of A Able Advocates-Stuart L. Koenigsberg, P.A., Miami, for appellee.

Peter J. Valeta of Cozen O'Connor, Chicago, Illinois, for Amicus Curiae, Florida Justice Reform Institute.

Matthew C. Scarfone of Colodny Fass, P.A., Sunrise, for Amicus Curiae, Property Casualty Insurers Association of America.

Mac S. Phillips of Phillips%COTadros, P.A., Fort Lauderdale, and David M. Caldevilla of de laParte & Gilbert, P.A., Tampa, for Amicus Curiae, Floridians For Fair Insurance, Inc.

Application of the deductible when an insured seeks benefits under a personal injury protection (PIP) policy of vehicle insurance is an issue the circuit and county courts have inconsistently resolved. In each case, the healthcare provider argues the deductible must be applied to the total billed charges, before reducing the charges

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