Allstate Insurance Company v. Orthopedic Specialists, etc.

I dissent and would adopt the Fourth District’s well-reasoned decision in Orthopedic Specialists v. Allstate Insurance Co„ holding that the policy language in the Allstate personal injury protection (PIP) policy is “inherently unclear” and did not properly provide legally sufficient notice to the insured or medical providers of the insurer’s election to use the permissive Medicare fee schedule. 177 So.3d 19, 20-21 (Fla. 4th DCA 2015). If an insurer elects to use the Medicare fee schedule as the standard for reimbursement, “the insurer must clearly and unambiguously draft a policy provision to…