THE PERSONAL INJURY CLINIC, INC., A/A/O LOANYS MANZANO
v.
ALLSTATE INDEMNITY COMPANY
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The Third District Court of Appeal affirmed that Allstate's insurance policy provided legally sufficient notice of its election to use fee schedules under Florida Statutes section 627.736(5)(a)(2), but reversed and remanded because Allstate failed to identify evidence in its summary judgment motion showing it actually paid pursuant to those fee schedules.
An insurer's policy may provide legally sufficient notice of election to use fee schedules, but summary judgment is improper without evidence showing the insurer actually paid pursuant to those schedules.
[1] An insurer's election to use fee schedules under section 627.736(5)(a)(2), Florida Statutes, requires not only legally sufficient notice in the policy but also evidence p…
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Join FLexlaw to unlock all legal intelligenceThe Personal Injury Clinic, Inc. appealed a final judgment in favor of Allstate Indemnity Company regarding whether Allstate's insurance policy provid…
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PER CURIAM.
Appellant (Plaintiff below) the Personal Injury Clinic, Inc. appeals from a final judgment entered in favor of Appellee (Defendant below) Allstate Indemnity Company. We affirm the trial court’s conclusion that Allstate’s policy provides legally sufficient notice of its election to use the fee schedules identified in section 627.736(5)(a)(2), Florida Statutes (2022). See Allstate Ins. Co. v. Orthopedic Specialists, 212 So. 3d 973 (Fla. 2017). However, consistent with our decision in First Medical & Rehab of Bradenton, LLC v. Allstate Fire & Casualty Insurance Co., 343 So. 3d 691 (Fla. 3d DCA 2022), we reverse and remand for further proceedings because Allstate did not identify evidence in its motion for summary judgment showing it paid pursuant to the fee schedules. See Fla. R. Civ. P. 1.510(c) (2020)1 (“The motion must . . . specifically identify any affidavits, answer to interrogatories, admissions, depositions, and other materials as would be admissible in evidence (‘summary judgment evidence’) on which the movant relies.”). Affirmed, in part, reversed, in part, and remanded. 1
This case was decided under Florida’s former summary judgment standard.
2