Geico Indemnity Company v. Plantation Open MRI, LLC, et al.
In 24 consolidated PIP cases, the Fourth DCA reversed county court judgments that had awarded providers attorney's fees under section 627.428 based on a purported confession of judgment by GEICO. The court held that (1) a confession of judgment cannot occur before service of process on the insurer, and (2) the doctrine requires that the suit itself be the necessary catalyst for payment — not a simultaneously filed civil remedy notice.
Key facts
- GEICO paid PIP claims for diagnostic services but reduced reimbursement to 2007 Medicare Part B limiting charge rates and then applied a further Medicare Budget Neutrality Adjustment (BNA), which providers disputed.
- Providers filed declaratory judgment petitions challenging the BNA reduction and simultaneously filed Civil Remedy Notices with the Department of Financial Services — but did not obtain or serve summonses on GEICO at the time of filing.
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Holdings
- A court lacks jurisdiction to enter judgment based on a confession of judgment when the defendant has not yet been served with process; due process requires that service of process precede…
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