Recent attempts by medical providers to work around the $2,500 legislative cap on PIP benefits in cases where there has been no determination if the injuries constitute an "emergency condition" were shut down by the Fourth District Court of Appeal's answer to a certified question of great public importance:
"[B]enefits above $2,500 are available only where a medical provider determines an emergency medical condition exists. Where a medical provider does not make a determination that there is an emergency medical condition benefits above $2500 are not available."
Maria Elena Abate and Raquel Moya of Colodny Fass represented amici curiae, the Property Casualty Insurers of America and the Personal Insurance Federation of Florida.
The case is not final until the motion for rehearing has been ruled upon.