Progressive American Insurance Company v Back on Track, LLC (2024)

Progressive American Insurance Company v Back on Track, LLC (2024)

Progressive American Insurance Company v Back on Track, LLC (2024)

Progressive American Insurance Company v Back on Track, LLC (2024)
Progressive American Insurance Company v Back on Track, LLC (2024)

Court: Second District Court of Appeal of Florida

Issue: Whether Progressive could limit its reimbursement to Back on Track, a medical provider, to 80% of the amount billed or was obligated to pay either 100% of the billed amount or 80% of the statutory maximum charge.

Outcome: The court ruled in favor of Back on Track, holding that Progressive could not take advantage of Medicare fee schedules to limit reimbursements without notifying its insured by electing those fee schedules in its policy. Progressive was required to pay either 100% of Back on Track’s charges or 80% of the amount allowed under the statutory schedule of maximum charges. 

Injunctions — Contracts — Employment — Non-competition covenant — Error to deny temporary injunction after finding restrictive covenants in employment agreement were enforceable and had been violated on ground that employer had failed to prove element of irreparable harm — Findings triggered statutory presumption of irreparable injury and, accordingly, burden shifted to defendants to rebut presumption To Kelsen, a norm was valid if it ought to be obeyed, and it ought to

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