Taylor Day Law

The Briefing

Category: Personal Injury

State Farm Wins at 2nd DCA in PIP Payment Dispute

The 2nd DCA recently ruled in favor of State Farm Mutual Automobile Insurance Company in a long-awaited decision!  In State Farm Mutual Automobile Insurance Company v. MRI Associates of Tampa, Inc., d/b/a Park Place MRI, No. 2D16-4036 (Fla. 2nd DCA May 18, 2018), there was a dispute regarding how much should be paid for MRIs performed on State Farm insureds after motor vehicle accidents.  The case stems from 19 MRI claims resulting from motor vehicle accidents in 2013 where the insured had Personal Injury Protection (“PIP”) coverage with State Farm.  State Farm paid the submitted bills pursuant to its policy language, which allows State Farm to limit the payments to the schedule of charges.  Despite the clear language of the policy, the MRI provider challenged the reduced charges, arguing that State Farm’s policy did not properly notify the insureds of its election to pay bills via the schedule of maximum charges. According to the opinion, “[t]he circuit court ruled that State Farm’s personal injury protection (PIP) policy failed to clearly and unambiguously elect to limit reimbursement payments to the schedule of maximum charges” described in the No-Fault statute.  The 2nd DCA reversed that holding, and found that the express language of State Farm’s PIP policy clearly and unambiguously elected to limit reimbursement payments for medical expenses to the schedule of maximum charges pursuant to the No-Fault statute. Although we are pleased the 2nd DCA took the correct position regarding State Farm’s policy language and an insurer’s right to limit reimbursement […]

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Taylor Day Welcomes Attorney Christina W. Williams

A Florida native, Christina is originally from Miami, Florida. She received her Bachelor of Science in Business Administration, cum laude, from the University of Florida, followed by her Juris Doctorate, cum laude, from the University of Florida Levin College of Law. Prior to joining Taylor Day, Christina clerked for the Honorable Marcia Morales Howard, United States District Judge for the Middle District of Florida, Jacksonville Division. She then spent several years at a local insurance defense firm for several years representing insurance companies in several hundred Personal Injury Protection (PIP) lawsuits.  We are pleased to announce Christina has joined us as the newest member of the firm’s Personal Injury Protection legal team, headed by shareholder David Gagnon.  Our highly respected team of attorneys are known for their ability to deliver strategic and aggressive representation to nation-wide automobile insurance companies involved in PIP litigation. Click to view her full bio, or learn more about Taylor Day’s PIP practice.

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