State Farm Mutual Automobile Insurance v. Warren

State Farm Mutual Automobile Insurance Co. (State Farm), appeals a final judgment awarded to Dan Ray Warren, State Farm’s insured, and Dr. Jack Rot-stein, M.D., Warren’s physician. The county court entered the judgment after holding section 627.736(5)(b), Florida Statutes (1999), unconstitutional as violative of Dr. Rotstein’s rights to equal protection, due process and access to the courts.1

Section 627.736(5)(b)2 provides that “the insurer is not required to pay [for] charges for treatment or services rendered more than 30 days before the postmark date of the statement [of charges]_” The…