Florida Appeals Court strikes down a challenge to new Florida PIP law

Florida’s no-fault automobile insurance law is fully in force after the First District Court of Appeal lifted an injunction that blocked part of law leaving a possibility for challenges in the future.
The Court recently released its’ opinion in McCarty v. Myers, No. 1D13-1355 (Fla. 1st DCA Oct. 23, 2013) on the constitutionality of the new PIP statute brought by health care providers and a fictitious œJane Doe Plaintiff. The Court held that the plaintiffs did not have standing to proceed.  Specifically, the court found that the plaintiff was not a proper party in interest with a case in controversy to proceed with the lawsuit.  œThe real parties in interest ”- injured motorists whose ability to sue tortfeasors has been impermissibly limited ”- are absent from this case, said the opinion by judges Brad Thomas, T. Kent Wetherell and Stephanie Ray. Instead of a œhypothetical claim, the plaintiffs failed to offer a œfactual motorist who is harmed by the law, the judges wrote.
The court reversed the temporary injunction of the new PIP statute which enjoined the Office of Insurance Regulation from imposing the law which included prohibitions on massage and acupuncture services and the $2,500 limitation for those patients deemed to have a non Emergency Medical Condition.
Click here to read the Opinion.

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