Chiropractors, Massage Therapists and Acupuncturist File Suit Against Florida Insurance Commissioner Over New Personal Injury Protection Insurance Law

Oct 1, 2012


Several  Florida chiropractors, two massage therapists and an acupuncturist have filed a lawsuit against Florida Insurance Commissioner Kevin McCarty in his capacity as commissioner of the Florida Office of Insurance Regulation, in which they challenge various prohibitions contained in Florida’s new Personal Injury Protection Insurance law and the law’s validity on a number of levels. 

Filed on September 21, 2012 in Florida circuit court, the complaint alleges that the new law:

  • Violates the equal protection rights of healthcare providers
  • Denies due process of law
  • Is based on unsupported statistical assumptions that are not the product of proper research methodology
  • Unduly limits the rights of medical professionals and consumers
  • Departs from the rationale originally relied upon to support Florida’s No-Fault regulations as a sufficient alternative to a party having access to the courts, and now results in a denial of access to the courts
  • Violates the separation of powers doctrine by legislatively imposing a statute that determines the amount of damages an injured party may obtain

    To access a complete copy of the lawsuit, click here.


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