Counterclaims and Counter-punches in PIP: Taking the Fight to Medical Providers in PIP Litigation

Course Objective:

This presentation will discuss the basics of and strategy behind pursuing a counterclaim in PIP litigation. On occasion, mistakes are made in the adjusting processes that result in payments when none were owed or outright overpayments to providers. This presentation will cover when and how a counterclaim can be filed pursuant to the Florida Rules of Civil Procedure. Second, we will discuss the causes of action available to an insurer when pursuing a counterclaim, especially a claim for unjust enrichment. We will also address the medical provider’s playbook for responding to a counterclaim. Third, we will address the strategy behind a Proposal for Settlement to the Plaintiff Counter-Defendant, when it should be filed and determining how much to offer. Finally, the presentation will conclude with examples of successful counterclaims; including counterclaims regarding clinic licensing, clinic ownership, massage, and unbundling.