Plaintiff counsel in litigation that reached a multimillion-dollar settlement said the case shows insurers must apply the deductible to the client's full bill, instead of a reduced amount that yields lower reimbursement.

Allstate Insurance Co. entered into a class action settlement agreement. It faced allegations it did not comply with insurance policies it had issued, and which should have provided personal injury protection benefits, subject to a personal injury protection deductible.

Allstate and several entities have paid close to $14 million.

Named plaintiff Gail Pierce served as the class representative.

The complaint states Pierce has an Allstate insurance policy covering her son, who was involved in a motor vehicle accident. The policy provided for a $500 deductible, applicable to claims with no-fault benefits. Pierce incurred bills for her son's medical treatment, including doctor-prescribed sessions with a chiropractor.

Instead of paying 100% of the expenses and losses, Allstate reduced the bill by a covered amount and then applied a deductible to that reduced amount.

Lawrence M. Kopelman, an attorney with his private practice at Lawrence M. Kopelman in Plantation representing Pierce, pointed to a Florida Supreme Court ruling regarding Progressive Select Insurance. He said in the context of a personal injury protection deductible, the law is now settled.

"Insurance companies have to apply the full amount of the bill charged to the deductible, as opposed to a reduced reimbursement rate," Kopelman said.

Now, the Broward Circuit Court has certified the settlement class and persons who submitted claims for payment of bills for medical services under the personal injury protection coverage under a Florida automobile vehicle insurance policy could be reimbursed for the expenditures.

The allegations in the lawsuit were made against Allstate Insurance Co., Allstate Indemnity Co., Allstate Property and Casualty Insurance Co., Allstate Fire and Casualty Insurance Co., Encompass Indemnity Co., Encompass Floridian Insurance Co., and Encompass Floridian Indemnity Co. The terms of the settlement allowed the companies to not admit fault in the case.

Douglas Brehm, a partner at Shutts & Bowen in Miami representing Allstate, did not respond to request for comment.

Read the settlement agreement:

Litigants entitled to benefits are those who are an "EIP Class Member" or "Provider Class Member" who has not been previously compensated, according to the website set up for class members.

Anyone who believes that they might qualify as a class member must submit a completed and signed claim form before Nov. 13. Those who want to opt out or exclude themselves from the settlement class must provide a written request for exclusion no later than July 28.

Kopelman said the individual settlements would be the difference between the calculations of the deductible, which are based upon the fee schedule, as opposed to being based upon the full charge.

"It will vary in each instance," Kopelman said. "It's really more a question of methodology than amounts because the amounts are going to vary. But as a result of the litigation on the issue, they've paid close to $14 million."