Robbins v. Garrison Prop. & Cas. Ins. Co.

Plaintiffs filed a purported class action challenging their insurer's interpretation of Fla. Stat. 627.736(1)(a)(3)–(4). In consolidated appeals, plaintiffs presented the issue of what the Florida Motor Vehicle No-Fault Law, Fla. Stat. 627.730–627.7405, places on an insured’s personal injury protection (PIP) benefits where no medical provider has made any determination about whether the insured’s injury was an emergency medical condition. The legislative history clearly shows that the Florida legislature sought to reduce fraudulent claims by making the full $10,000 amount of benefits available only to those insureds who suffered severe injuries, a restriction defined into the term “emergency medical condition.” The court held that Fla. Stat. 627.736, as amended, limits an insurer’s obligation to provide personal injury protection benefits to $2,500, unless one of the medical providers listed in subparagraph (1)(a)(3) has determined that the injured person had an emergency medical condition. Because neither plaintiffs' claim was supported by such a determination, neither insurer violated Fla. Stat. 627.736 by limiting benefits to $2,500. Accordingly, the court affirmed the dismissal of the suits. View "Robbins v. Garrison Prop. & Cas. Ins. Co." on Justia Law