18 Fla. L. Weekly Supp. 612b
Online Reference: FLWSUPP 1807MART
Insurance — Personal injury protection — Declaratory actions — Motion to dismiss complaint for declaratory judgment because it should be framed as PIP breach of contract claim and fails to allege compliance with demand letter condition precedent is denied
BACK ON TRACK, LLC, d/b/a FLORIDA ACCIDENT AND INJURY CENTER, as assignee of Donald Martello, Plaintiff, vs. DIRECT GENERAL INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County, Civil Division. Case No. 10-012157-CO-40. March 15, 2011. Honorable Edwin Jagger, Judge. Counsel: Andrew D. Reeder, Reeder & Nussbaum, P.A., St. Petersburg, for Plaintiff. Anthony J. Parrino, St. Petersburg, for Defendant.
ORDER ON DEFENDANT’S MOTION TO DISMISS
THIS MATTER having come before this Court on March 3, 2011 on Defendant’s Motion to Dismiss Plaintiff’s Complaint for declaratory judgment on the bases that:
(A) Plaintiff’s Complaint fails to state a cause of action for which relief can be granted as Plaintiff’s action should be framed as a breach of contract and for failing to comply with a condition precedent set forth in Florida Statutes, Section 627.736(10), or alternatively
(B) Plaintiff’s Complaint fails to state a cause of action as Plaintiff’s Complaint does not allege compliance with the condition precedent required by Florida Statutes, Section 627.736(10);
and this Court being otherwise fully advised in the premises, it is hereby,
ORDERED AND ADJUDGED that:
1.) Defendant’s Motion to Dismiss is DENIED.
2.) Defendant shall have twenty (20) days from the date of this Order to answer the Complaint.
