Colodny Fass Files Amicus Brief On Behalf of PCI, Insurance Trade Associations to Support United Auto Motion to Rehear PIP-Related Custer Decision

Nov 22, 2010


Colodny Fass filed an Amici Curiae brief today, November 19, 2010, in support of United Automobile Insurance Company’s motion for rehearing of the Florida Supreme Court’s decision of November 4, 2010 in Custer Medical Center v. United Automobile Insurance Company, 2010 WL 4340809 (Fla. 2010).

The brief was filed on behalf of the Florida Property and Casualty Association, National Insurance Crime Bureau, Florida Insurance Council, Latin American Association of Insurance Agencies, Property Casualty Insurers Association of America, National Association of Mutual Insurance Companies and Specialty Insurance Agents Association.

The Custer opinion contains language that may be interpreted as prohibiting the use of examinations under oath by Personal Injury Protection carriers, restricting their ability to contract with insureds and eviscerating the use of independent medical examinations.

A copy of the brief, as well as the Custer decision, is attached for review.


Should you have any questions or comments, please contact Maria Elena Abate ( at Colodny Fass.