Tuesday, August 4, 2009

Second DCA on the MRI Inflation Adjustment Called For By Section 626.736(5)

In AllState Ins. Co. v. Advantage Open MRI, Inc. (2D08-668), the Second District answered the following rephrased certified question from the county court in the affirmative:

IS THE MRI INFLATION ADJUSTMENT CALLED FOR BY SECTION 627.736(5)(B)(5), FLORIDA STATUTES (2006), TO BE MADE FOR THE YEAR 2001 BEGINNING ON AUGUST 1, 2002, AND ADJUSTED ANNUALLY EACH YEAR THEREAFTER ON AUGUST 1 THROUGH THE YEAR IN WHICH THE MRI IS PERFORMED UTILIZING THE STATUTORILY REFERENCED CPI THAT REFLECTS THE CHANGES FOR THE PRECEDING 12-MONTH PERIOD ENDING JUNE 30 OF EACH YEAR?

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