22 Fla. L. Weekly Supp. 279a
Online Reference: FLWSUPP 2202CSANInsurance -- Personal injury protection -- Coverage -- Emergency medical condition -- Under amendments to PIP statute requiring PIP insurer to pay benefits up to $10,000 if qualified medical provider has determined that claimant had emergency medical condition and limiting reimbursement to $2,500 if qualified provider has determined that claimant did not have emergency medical condition, insurer properly limited benefits to $2,500 until there was determination that insured had suffered emergency medical condition -- No merit to argument that insurer was required to pay benefits up to $10,000 unless there was determination of absence of emergency medical condition -- Claim for benefits in excess of $2,500 was not overdue or ripe for litigation prior to determination that insured suffered emergency medical condition -- Because suit filed before insurer provided determination of emergency medical condition was premature, insurer's post-suit payment of benefits upon receipt of that determination was not confession of judgment entitling medical provider to award of attorney's fees and costs -- Question certified
