Allstate Insurance Co. v. Revival Chiropractic, LLC
On a certified question from the Eleventh Circuit, the Florida Supreme Court held that a PIP insurer whose policy gives notice that it may limit payment under the statutory schedule of maximum charges may nonetheless pay 80% of the provider's submitted charge even where that amount is less than 80% of the scheduled maximum. Extending MRI Associates, the Court held that section 627.736(5)(a)5.'s statement that the insurer 'may pay the amount of the charge submitted' is purely permissive and does not require payment of 100% of the billed charge; the surplusage canon cannot convert 'may pay' into 'must pay.'
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