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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.

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