Florida Law Weekly

Florida Law Weekly;

I was recently researching and came across the Waterford Lakes Wellness v. Progressive American case involving the application of the Medicare Part B fee schedules found in the “new” Florida Motor Vehicle No-Fault Law to a policy and date of loss that occurred in 2007.

Specifically, this case involves a policy issued in July 2007, and a date of loss in December 2007. However, all dates of treatment were in 2008. The Orange County Court reviewed the “incorporation” language found in the “new” Florida Motor Vehicle No-Fault Law as well as the fact that the change in the law did not bring about a “substantive” change in the law. This is because the value of the policy, the benefits available under the policy, and the premium did not change. The only thing that changed is the cap or limitation on the “reasonable” charge from the provider.


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