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Preliminary Injunction Denied for Certain Provisions of PIP Act

by Conroy Simberg - Hollywood Office

January 2, 2014

Previously published on December 13, 2013

On December 12, 2012, the United States District Court in Tampa, in Robin A. Myers, A.P., et al. v. Kevin McCarty, Commissioner of Fl. Office of Insurance Regulation, Case No: 8:12-cv-2660-T-26TBM, issued an order denying Plaintiffs' Motion for Preliminary Injunction wherein Plaintiffs, different licensed health care providers providing chiropractic, massage therapy, and acupuncture services, sought declaratory and injunctive relief with regard to the implementation and enforcement of certain provisions of the PIP Act due to take effect on January 1, 2013. The challenged provisions include the amendment eliminating a massage therapist's and acupuncture physician's treatment services, the imposition of a fourteen-day deadline in which an injured person must seek treatment after the collision to be able to seek PIP benefits, and the limit of PIP benefits to $2,500.00 unless the person is diagnosed with an "emergency medical condition."


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