FPCA Automobile Division Members: Insurer Successful on Summary Judgment Against Clinic; Seeks Amicus Support on Appeal

Jan 20, 2011

FPCA Automobile Division Members:

In the attached Final Summary Judgment, State Farm was successful against Chiropractic One, Inc.  State Farm’s counsel has advised us that the provider/defendant has retained appellate counsel and intends to appeal the ruling to the Fifth District Court of Appeal.  It is likely that the issues addressed on appeal will be issues of first impression for the Fifth District Court of Appeal such that the Fifth District Court of Appeal’s decision could impact the efficacy of the anti-fraud provisions of the PIP statute at issue in the case.  As a result, State Farm’s counsel is requesting amicus curiae support from the industry.

Please indicate by email to Megan Grant (mgrant@cftlaw.com) whether your Member company is in favor of, or opposes, the FPCA preparing an amicus brief to support State Farm in the Fifth District Court of Appeal’s consideration of this matter.

Should you have any questions, please contact Katie Webb (kwebb@cftlaw.com).