Progressive Select Insurance Company, Petitioner v. Florida Hospital Medical Center

Summary

The court held that a PIP deductible must be applied to 100 percent of the medical charges before the statutory reimbursement limitation is applied. It reasoned that the statute distinguishes total expenses and losses from benefits payable after coverage is calculated, and that the 2003 amendment changed the governing basis for applying the deductible. The court approved the Fifth District's decision and disapproved the contrary Fourth District decision.