Florida/Georgia Personal Injury & Workers Compensation

...We begin our discussion by examining the background and general principles of Florida's no-fault insurance law. The Florida Motor Vehicle No-Fault Law, sections 627.730-.7405, Florida Statutes (2001), which was enacted in 1971, was intended to provide a minimum level of insurance benefits without regard to fault. See § 627.731, Fla....

...The Florida Legislature enacted the No-Fault Act to "provide for medical, surgical, funeral, and disability insurance benefits without regard to fault" and to limit "the right to claim damages for pain, suffering, mental anguish, and inconvenience." § 627.731, Fla....

...icated should not occur. Moreover, the stated purpose of the No-Fault Act is to "provide medical, surgical, funeral, and disability insurance benefits without regard to fault, and to require motor vehicle insurance *1084 securing such benefits ...." § 627.731, Fla....

...In doing so, we do not concern ourselves with the wisdom of the Legislature in choosing the means to be used, or even with whether the means chosen will in fact accomplish the intended *16 goals; our only concern is with the constitutionality of the means chosen. F.S. § 627.731, F.S.A., which purports to state the purpose of the no-fault insurance law, is of little help in this regard, since it merely states the effect of the law without elucidating its underlying purposes....

...The No-Fault Law is a comprehensive statutory scheme, the purpose of which is to "provide for medical, surgical, funeral, and disability insurance benefits without regard to fault, and to require motor vehicle insurance securing such *877 benefits." § 627.731, Fla....

...One of the express purposes of the Act is to require medical, surgical, funeral and disability insurance benefits to be provided without regard to fault under motor vehicle policies that provide bodily injury and property damage liability insurance. Section 627.731, Florida Statutes (1975)....

...The Florida Legislature enacted the No-Fault Act to "provide for medical, surgical, funeral, and disability insurance benefits without regard to fault" and to limit "the right to claim damages for pain, suffering, mental anguish, and inconvenience." § 627.731, Fla....

...sky indicated should not occur. Moreover, the stated purpose of the No-Fault Act is to "provide medical, surgical, funeral, and disability insurance benefits without regard to fault, and to require motor vehicle insurance securing such benefits...." § 627.731, Fla....

...e consequence of the wrongful act in order to make the injured person whole. To the contrary, the expressed purpose of the No-Fault Act is to impose "a limitation of the right to claim damages for pain, suffering, mental anguish, and inconvenience," section 627.731, and to replace the right to sue for damages "with the ability to recover uncontested benefits and an exemption from tort liability." Pinnacle Medical, 753 So.2d at 58 (citation omitted)....

...e insured may obtain the benefits for which he or she paid a premium. [7] This is evident by the Legislature's *754 pronouncement that the purpose of PIP insurance is to "provide for medical, surgical, funeral, and disability insurance benefits...." § 627.731, Fla....

...emnity against liability. In many other instances, the insured obtains protection by assigning his or her rights under the policy to their medical care providers, who then attempt to obtain the benefits the insured was otherwise entitled to. [8] See § 627.731, Fla....

...the term liberally in favor of the insured as a matter of law. We agree. The policy of the courts of Florida when construing provisions of the Florida No-Fault Act has always been to construe the act liberally in favor of the insured: First of all, § 627.731 thereof states that the purpose of the act is to provide for insurance benefits to be paid under motor vehicle policies without regard to fault....

...The No-Fault Law is a comprehensive *332 statutory scheme, the purpose of which is to "provide for medical, surgical, funeral, and disability insurance benefits without regard to fault, and to require motor vehicle insurance securing such benefits." § 627.731, Fla....

...That section is part of the Florida Motor Vehicle No-Fault Law which encompasses sections 627.730-627.7405. In part "[t]he purpose of ss. 627.730-627.7405 is to provide..., with respect to motor vehicle accidents, a limitation on the right to claim damages for pain, suffering, mental anguish, and inconvenience." § 627.731, Fla.Stat....

...statutes dealing with motor vehicle and casualty insurance contracts: "`Motor vehicle' means any self-propelled vehicle with four or more wheels which is of a type both designed and required to be licensed for use on the highways of this state. ..." § 627.731, Fla....

...n every year between 2003 and 2009. The No-Fault Law’s stated purpose is “to provide for medical, surgical, funeral, and disability insurance benefits without regard to fault, and to require motor vehicle insurance securing such benefits.” See § 627.731, Fla....

...While a literal reading of the several foregoing sections could unquestionably bring one to the same conclusion, we nevertheless believe that such a construction wholly overlooks the paramount intent of the legislature in the passage of the Florida Automobile Reparations Reform Act. First of all, § 627.731 [3] thereof states that the purpose of the act is to provide for insurance benefits to be paid under motor vehicle policies without regard to fault....

...tor vehicle insurance securing such benefits, for motor vehicles required to be registered in this state and, with respect to motor vehicle accidents, a limitation on the right to claim damages for pain, suffering, mental anguish, and inconvenience. § 627.731, Fla....

...Gateway Insurance Co., 302 So.2d 177 (Fla. 2d DCA 1974), the District Court of Appeal, Second District, in rejecting a contention that the Florida Automobile Reparations Reform Act should be construed in a restrictive manner, made the following observations: "First of all, § 627.731 thereof states that the purpose of the act is to provide for insurance benefits to be paid under motor vehicle policies without regard to fault....

...One of the express purposes of the Act is to require medical, surgical, funeral and disability insurance benefits to be provided without regard to fault under motor vehicle policies that provide bodily injury and property damage liability insurance. Section 627.731, Florida Statutes (1975)....

...971. The No-Fault Law is a comprehensive statutory scheme, the purpose of which is to "provide for medical, surgical, funeral, and disability insurance benefits without regard to fault, and to require motor vehicle insurance securing such benefits." § 627.731, Fla....

...medical, surgical, funeral, and disability insurance benefits without regard to fault, and to require motor vehicle insurance securing such benefits.'" Allstate Ins. Co. v. Holy Cross Hosp., Inc., 961 So.2d 328, 331-32 (Fla.2007) (quoting FLA. STAT. § 627.731 (2006))....

...hip to our decision here. Our decision that the trial judge properly determined that the Cavalier policy afforded PIP benefits to the plaintiff (appellee here) is buttressed by the stated purpose of the "no-fault act" as announced in Florida Statute 627.731, which provides as follows: "The purpose of ss....

...2007)). In 1971 the Florida Legislature enacted the Florida Motor Vehicle No-Fault Law4 "to provide for medical, surgical, funeral, and disability insurance benefits without regard to fault[] and to require motor vehicle insurance securing such benefits." Id. at 152 (quoting § 627.731, Fla....

...plainly speaks of the "statement of charges." It is impossible to fold the D & A form identified in (5)(e) into the statement of charges. The "Notice of Initiation of Treatment" referenced in (5)(c)1. is actually more akin to the D & A form. [7] See § 627.731, Fla....

...tor vehicle insurance securing such benefits, for motor vehicles required to be registered in this state, and with respect to motor vehicle accidents, a limitation on the right to claim damages for pain, suffering, mental anguish, and inconvenience. § 627.731, Fla....

PIP coverage under the facts of this case. Section 627.-731, Florida Statutes (1981), applies the No-Fault

...Centers for Medicare and Medicaid Services (CMS) 1500 form “as the itemized statement.” § 627.736(5)(d), (10)(b)3. But the CMS 1500 form5 does not contemplate the use of adjusted amounts6 or 4 Rivera also mentions the statute’s express purpose stated in section 627.731....

...The primary purposes of the No-Fault Law are to provide for a driver’s PIP benefits—i.e., “medical, surgical, funeral, and disability insurance benefits without regard to fault, and to require motor vehicle insurance securing such benefits.” § 627.731, Fla....

...duals covered under State Farm’s No-Fault policies and bills State Farm pursuant to assignments of benefits (Am.Compl. ¶ 20.) B. Statutory Framework Florida’s No-Fault Statute is designed to provide insurance without regard to fault. Fla. Stat. § 627.731 (2006)....

...Further, the purpose of the PIP statute set forth in Florida’s Motor Vehicle No-Fault Law is to “provide for medical, surgical, funeral, and disability insurance benefits without regard to fault, and to require motor vehicle insurance securing such benefits.” Id. at 876- 87 (quoting § 627.731, Fla....

...Appellants also contend that the trial court erred in directing a verdict awarding PIP benefits to appellee under Florida law. The Florida Automobile Reparations Reform Act mandates that every motor vehicle which is required to be registered in Florida must be covered by an insurance policy' which provides PIP benefits. See Section 627.731, .733, and .736, Florida Statutes (1975)....

...2007)). In 1971 the Florida Legislature enacted the Florida Motor Vehicle No-Fault Law4 "to provide for medical, surgical, funeral, and disability insurance benefits without regard to fault[] and to require motor vehicle insurance securing such benefits." Id. at 152 (quoting § 627.731, Fla....

...3d at 202. We therefore begin our de novo review with the statutory provisions at issue. The express purpose of Florida’s Motor Vehicle No-Fault Act is “to provide for medical, surgical, funeral, and disability insurance benefits without regard to fault. . . .” § 627.731, Fla....

...There is, however, a confusing barrage of possibly applicable statutes. If we err here, it is on the side of requiring more, rather than less, insurance coverage, in order to carry out Florida’s public policy of protecting the motoring public on our public streets and highways. § 627.731, Fla.Stat....

...2000). Florida’s No-Fault Law’s “stated purpose is ‘to provide for medical, surgical, funeral, and disability insurance benefits without regard to fault, and to require motor vehicle insurance securing such benefits.’” Virtual III, 141 So. 3d at 152 (quoting § 627.731, Fla....

...arm to consumers. The purpose of this part is to provide for the licensure, establishment, and enforcement of basic standards for health care clinics and to provide administrative oversight by the Agency for Health Care Administration."); Fla. Stat. § 627.731 ("The purpose of ss....

...1977). The stated purpose of Florida’s Motor Vehicle No-Fault Act is “to provide for medical, surgical, funeral, and disability insurance benefits without regard to fault, and to require motor vehicle insurance securing such benefits . . . .” § 627.731, Fla....

...lative directive of the PIP statute. “The purpose of ss. 627.730-627.7405 is to provide for medical, surgical, funeral, and disability insurance benefits without regard to fault, and to require motor vehicle insurance securing such benefits.” § 627.731, Fla....

...Florida’s Motor Vehicle No-Fault Law, which was intended to operate virtually automatically as to payment of benefits, allows for the payment of interest on overdue benefits, as well as an award of attorney fees to an insured or his assignee who is forced to sue to recover those benefits. See § 627.731 Fla....

...Florida's Motor Vehicle No-Fault Law, which was intended to operate virtually automatically as to payment of benefits, allows for the payment of interest on overdue benefits, as well as an award of attorney fees to an insured or his assignee who is forced to sue to recover those benefits. See § 627.731 Fla....

...covered under State Farm’s No-Fault policies and bills State Farm pursuant to assignments of benefits (Am.Compl. ¶¶ 10-11.) B. Statutory Framework Florida’s No-Fault Statute is designed to provide insurance without regard to fault. Fla. Stat. § 627.731 (2006)....

...(A station wagon not used as a public livery conveyance for passengers but used primarily in the business of the insured is a “motor vehicle” as defined in Fla.Stat. § 627.732(1)). There has been no allegation by plaintiff that the motor vehicle in question is a public livery conveyance. Fla.Stat. § 627.731 states the purpose of the “no-fault” act is to require “medical, surgical . . . benefits . . . for motor vehicles registered in this state.” (Emphasis added) Plaintiff contends Fla. Stat. § 627.731 excludes the unregistered inventory of a new car automobile dealer since it is not “registered in the State”....

...�� However, the Statute also provides: “In all cases of transfers of motor vehicles, the application for certificate of title . . . shall be filed within ten days from the delivery of such motor vehicle.” Appellee’s interpretation of Fla.Stat. § 627.731 makes an unwarranted distinction between the new unregistered but register-able vehicle, and a used motor vehicle....

lias since adopted such requirements. P.S.A. § 627.731 et seq. (1972).

...securing such benefits, for motor vehicles required to be registered in this state and, with respect to motor vehicle accidents, a limitation on the right to claim damages for pain, suffering, mental anguish, and inconvenience. § 627.731, Fla....

...the statutes and to give effect to the Legislature’s intent.” Id. (quoting Fla. Dep’t of State, Div. of Elections v. Martin, 916 So. 2d 763, 768 (Fla. 2005)). Applying the plain language and in para materia principles to sections 627.730, 627.731, and 627.736(1), (4)(b), (4)(d), and (8), we conclude that the statutory entitlement to interest on overdue PIP benefits is not in and of itself a PIP benefit for which attorney’s fees are payable under section 627.736(8)....

...Our decision in this case is consistent with our decision in South Florida Pain: [T]he insurer’s alleged obligation to pay penalty and postage was not a covered “benefit” under either the statute or the insured’s policy. Section 627.731 states that the covered PIP benefits are “medical, surgical, funeral, and disability insurance benefits.” The statute’s language does not expand that definition to include penalty and postage. 318 So....

vehicles required to be registered in this state.” § 627.731, Fla. Stat. (2018). To comply with these sections