Emergency Banner

Summary Judgment Affirmed in County to Circuit Appeal

Betsy Gallagher and Michael Clarke, of the Tampa office obtained an affirmance of a summary final judgment in an action for PIP benefits and an award of appellate attorney’s fees conditioned on the enforcement of the proposal for settlement. The issue before the three-judge 17th Judicial Circuit panel was whether the carrier properly limited PIP benefits to $2,500 under Florida’s No-Fault Law as there was no timely, qualified medical opinion that the insured sustained an emergency medical condition (EMC) before Provider’s demand letter was mailed and before suit was filed. The panel found that the provider presented an EMC opinion after suit was filed, which was too late.

Share Now:

Subscribe to our Newsletter

Subscribe to our Newsletter

Recent Posts

KD Overseas in Rome: Florida Bar Appellate Section Retreat
KD team members Caryn Bellus, from our Miami office, and Angela Flowers, from our Ocala office, recently represented KD overseas in Rome, Italy, during...
Ramadan Kareem!
Ramadan Kareem to our team members, clients, friends, and families who celebrate. May this holy month bring you peace, joy, and abundant blessings.
KD's Construction Practice Group: Your Foundation for a Strong Defense
KD’s statewide construction practice group: Built to defend your claims! Our team brings unparalleled expertise in defending construction claims, offering...

Search Results Will Show Here

Subscribe To Our Newsletter