Government Employees Insurance Company v. Plantation Open MRI, LLC a/a/o Francesse Bataille
In 24 consolidated PIP cases, the Fourth District reversed county court judgments finding GEICO had confessed judgment by making payments on Civil Remedy Notices after medical providers filed declaratory judgment petitions but before those petitions were ever served on the insurer. The court held that confession of judgment cannot occur before service of process because the court lacks jurisdiction over the defendant until service, and that the doctrine requires the lawsuit itself — not a separately filed CRN — to have been the necessary catalyst for payment. This decision substantially curtails a provider strategy of filing unserved lawsuits simultaneously with CRNs to manufacture attorney's fee entitlements under section 627.428.
Key facts
- Insureds assigned PIP benefits to MRI providers; GEICO paid initial reimbursements at 2007 Medicare Part B limiting charge rates further reduced by a Medicare Budget Neutrality Adjustment (BNA).
- Providers filed declaratory judgment petitions challenging the BNA reduction but deliberately did not obtain summonses or serve the insurer, in some cases waiting more than 60 days after filing before seeking a summons.
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Holdings
- Confession of judgment cannot occur before service of process; a court has no personal jurisdiction over an insurer until summons is properly served, rendering any pre-service confession…
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