Depositors Insurance Co. v. Pasco-Pinellas Hillsborough Community Health System d/b/a Florida Hospital Wesley Chapel, a/a/o Alma L. McKinney
An insured was treated in an emergency room after a rear-end collision, but no physician, dentist, or ARNP ever made an affirmative determination that she sustained an 'emergency medical condition.' The insurer limited PIP benefits to $2,500, and the hospital (as assignee) sued for breach of contract. The Fifth DCA reversed summary judgment for the hospital, holding that absent an affirmative EMC determination, PIP medical benefits are capped at $2,500 under section 627.736(1)(a)4.
Key facts
- Insured Alma L. McKinney received emergency room treatment after a rear-end collision, but no physician, dentist, or ARNP affirmatively determined she sustained an emergency medical condition.
- Insurer Depositors Insurance Co. limited PIP benefits to $2,500; hospital (as assignee) sued for breach of contract seeking full PIP medical benefits.
- +1 more key fact with a free trial
Why it matters
The opinion brings the Fifth DCA into line with the Third and Fourth DCAs and the Eleventh Circuit on one of the most frequently litigated PIP issues: what happens when no EMC determination of any kind exists. PIP… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.