Stay of Injunction Lifted in Ongoing Litigation over Personal Injury Protection Insurance Overhaul (HB 119)
Apr 19, 2013
A stay issued as a result of an appeal by the Florida Office of Insurance Regulation of an injunction order issued in connection with litigation challenging the constitutionality of the recent overhaul of the state’s Personal Injury Protection (“PIP”) insurance law (HB 119) was vacated this week by Judge Terry Lewis in the Second Circuit Court of Leon County.
“When I weigh . . . the potential harm to injured persons, I find that the equities tip in favor of allowing the temporary injunction to remain in effect while the case is pending,” Judge Lewis wrote in his order on April 17, 2013.
Judge Lewis had previously held as unconstitutional certain portions of the PIP law that require a finding of emergency medical condition as a prerequisite for payment of PIP benefits or that prohibit payment of benefits for services provided by acupuncturists, chiropractors and massage therapists. A temporary injunction enjoining the enforcement of these provisions of the PIP law had been granted by Judge Lewis in March in this litigation, which was brought late in 2012 by a group of Florida massage therapists and others in the health care community.
In response to Judge Lewis’ April 17 order, the Florida Office of Insurance Regulation filed a motion with Florida’s First District Court of Appeal today, April 19, asking that court to reverse Judge Lewis’ April 17 order.
The April 17 order, along with the motion filed by the Florida Office of Insurance Regulation today are attached.
We will continue to follow the developments of this case very closely as it proceeds through the appellate process. Updates will be issued when appropriate.
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