Back on March 21, 2013 and 22, 2013 we had blogged that the 2nd Judicial Circuit of Florida entered an order granting a temporary injunction with regards to the 2012 PIP Act, Florida’s Chapter 2012-197. In review of the discussion, Florida’s Legislature had made substantial changes to Florida’s PIP Act which could both limited the amount of benefits; as well as prevent any benefits to be forthcoming if a claimant failed to seek any medical attention within two (2) weeks of an automobile accident. As we discussed, the Florida court ordered a temporary injunction at the request of the plaintiffs in that case, to-wit: Robin A. Myers, DC, et al.
Thereafter, the Florida Office of Insurance Regulation had filed a notice of appeal to lift the temporary injunction. A stay of the injunction was then entered. Circuit Court Judge Terry Lewis has now lifted the stay of the injunction. It is interesting to note that the driving forces behind Act and the litigation to lift the temporary injunction was through the efforts of Kevin McCarty, Florida State Insurance Commissioner, as well as Governor Rick Scott.
Accordingly, this ruling now allows massage therapists and acupuncturists to receive personal injury benefits and alleviates the recent requirement that a claimant suffer an emergency medical condition prior to entitlement to receiving PIP. But the ruling may have much broader implications and positively affect a much broader class of potential claimants.
Judge Lewis’ ruling was based upon his interpretation that it was the citizen’s constitutional rights to seek address and regress to the courts if they were injured in an automobile accident and therefore he was looking to prevent potential harm to Floridians.
As a side note it is also interesting to note that Berkshire Hathaway is the largest writer of PIP benefits in Florida followed by State Farm, Progressive, Allstate and Farmers.
Furthermore, there are bills pending before the Florida Legislature to repeal PIP entirely.
For further information please free to contact the Weston Auto Accident Attorneys at the Schulman Law Group at 954-349-3300, 1-877-529-0444 or at info@www.schulaw.com
