Suit to Deem Florida’s PIP Law Unconstitutional Blocked in Florida Federal Court

On December 12, 2012, Federal Court Judge Richard A. Lazzara entered an Order denying a group of medical provider’s attempt at a prelimary injunction, blocking the implementation of changes in Florida’s new PIP law which take effect January 1, 2013. Judge Lazarra found, ” that the motion is due to be denied without the necessity of a hearing because Plaintiffs have utterly failed to demonstrate that there is a substantial likelihood they will eventually prevail on the merits.”

The Federal lawsuit filed by attorney Luke Lirot on behalf of a group of chiropractors, acupuncturists massage therapists and a “John Doe” plaintiff, sought to block the implementation of changes to the amended Florida PIP law, effective January 1, 2013. Among other issues, the plaintiff’s sought to block the law’s ban on PIP benefit reimbursement to acupuncturists and massage therapists.

Christian Camara, Florida Director at R Street, a non-profit public policy research organization stated: “While this is just a short-term procedural victory and the case will now go on to trial, [Judge] Lazzara has handed down a defeat to the opponents of reform. This also marks a win for Florida consumers, who stand to benefit from containing the escalating costs in our auto insurance market.”

The PropertyCasualty 360 article is available here. For more information on the ruling and it’s effect on Florida insurers please contact Mark Rose (mrose@roiglawyers.com) or Michael Rosenberg (mrosenberg@roiglawyers.com).

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Filed under Fla. Stat. 627.736 (2012)

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