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Summary Judgment in PIP Case

Anthony G. Atala, of the Miami office, won a final summary judgment of first impression for a PIP carrier. In 2013, the carrier amended their policy including specific language that the insurer would limit reimbursement to the Schedule of Maximum Charges as defined by Florida Statute s. 627.736(5)(a)1. Plaintiff was taking the position that a particular modality, which was not included in the initial Medical Bill, was included and compensable, although the CPT code was not compensable by either the Medicare or Worker’s Compensation Fee Schedule. Ultimately, having no evidence to refute the carrier’s position, the Court granted Summary Final Judgment in favor of the insurer.

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