PIP Fee Schedules DO NOT Apply to Accidents Occurring Before 1/1/08

In Geico Indemnity Company v. Physicians Group, LLC, a/a/o Paul Androski, ____ So.3d ____ (Fla. 2nd DCA August 13, 2010), the 2nd DCA ruled that the PIP fee schedules which went into effect on January 1, 2008, do not apply to any accidents that occurred before that date. 

The opinion was fairly short and straightforward.  Specifically, the Court held that:

the 2008 version of section 627.736(a)(2)(f) does not retroactively apply to an insurance policy that was in effect and that expired before the statute’s effective date of January 1, 2008. 

A copy of the 2nd DCA’s opinion can be downloaded by clicking here. 

We should all expect that this decision will be appealed to the Florida Supreme Court.

My good friend Attorney Tom Player successfully handled the appeal for Physicians Group.  Great job Tom!