Sendy Enivert v. Progressive Select Insurance Company

ED CARNES, Chief Judge:

This consolidated appeal by two plaintiffs presents the issue of what limits the Florida Motor Vehicle No-Fault Law, Fla. Stat. §§ 627.730-627.7405, places on an insured’s personal injury protection (PIP) benefits where no medical provider has made any determination about whether the insured’s injury was an emergency médical condition. The applicable statutory provisions are ambiguous but the legislative purpose shown in the type of material that Florida courts rely on to resolve ambiguities is not.

I

Since the 1980s, the Florida Motor Vehicle No-Fault Law has required…