Northwest Center for Integrative Medicine & Rehabilitation, Inc. v. State Farm Mutual Automobile Insurance Co.

The trial court dismissed a complaint for declaratory judgment regarding State Farm’s calculation of PIP policy medical reimbursements based solely on Medicare fee schedules, where the insurance policy did not provide notice that the insurance company elected to apply the fee schedules pursuant to section 627.736(5)(a)2., Florida Statutes (2009). The court considered that the declaration requested had already been determined in GEICO General Insurance Co. v. Virtual Imaging Services, Inc., 141 So.3d 147, 159 (Fla. 2013), which held that notice was required to exercise the option, pursuant to…