United Automobile Insurance Company is praising a Florida-based ruling from the Third District Court of Appeals that confirms a person cannot sue his auto insurance company for failing to provide an explanation of benefits on personal injury protection claims.
According to a release from the company, which is a major vehicle insurer in Florida, United Auto had appealed a 2007 decision by a Miami-Dade county court judge to award $1 in nominal damages and $19,530 in attorney's fees to A 1st Healthcare Systems, Inc. In that case, the judge said that United Auto had failed to respond to the company's request for payment within 30 days. The same judge said the plaintiff was owed nothing for those medical bills because they totaled less than the deductible.
The appeals court disagreed with the county court and with a circuit court that had upheld the decision to award damages and fees. Appeals Court Judge Frank A. Sheperd wrote in a unanimous opinion that "it is clear there is neither a requirement nor a deadline for a personal injury protection insurer to respond to a request for payment."
Want to continue reading?
Become a Free PropertyCasualty360 Digital Reader
Your access to unlimited PropertyCasualty360 content isn’t changing.
Once you are an ALM digital member, you’ll receive:
- Breaking insurance news and analysis, on-site and via our newsletters and custom alerts
- Weekly Insurance Speak podcast featuring exclusive interviews with industry leaders
- Educational webcasts, white papers, and ebooks from industry thought leaders
- Critical converage of the employee benefits and financial advisory markets on our other ALM sites, BenefitsPRO and ThinkAdvisor
Already have an account? Sign In Now
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
