Progressive Am. Ins. Co. v. Stand-Up MRI
990 So. 2d 3 (Fla. 5th DCA 2008)
The insured, who was involved in a car accident, received medical treatment from a number of health care providers. His policy from the insurer included the standard personal injury protection (PIP) coverage codified at § 627.736, Fla. Stat., as part of the Florida Motor Vehicle No-Fault Law, §§ 627.730 - 627.7405, Fla. Stat. The issues presented in the case were (1) whether the insurer was required to set aside a reserve fund for claims that were reduced or denied when other valid health care provider claims continued to be submitted; and (2) whether the insurer was liable for PIP benefits after the full extent of the available PIP coverage was paid. The reviewing court found that no requirement existed to set aside a reserve for disputed claims, and, in the absence of a showing of bad faith, the insurer was not liable for benefits once benefits were exhausted.