10 Fla. L. Weekly Supp. 643a
Insurance — Personal injury protection — Demand letter is not condition precedent to initiating suit for claim paid at reduced rate
CHIROPRACTIC CLINICS, INC. (As Assignee of Barbara Barriga), Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 03-00079 SC. Division J. June 9, 2003. Gaston J. Fernandez, Judge. Counsel: Joseph E. Nicholas, Lipscomb & Nicholas, P.A. Scott Dutton.
ORDER
THIS CAUSE having come on for hearing on May 22, 2003, on Defendant’s Motion for Summary Judgment, the Court being fully advised in the premises, it is hereby,
ORDERED and ADJUDGED that:
1. Defendant’s filed its motion for summary judgment specifically as to services performed by Plaintiff on date of service October 28, 2002 where Plaintiff billed two units for CPT code 97112 charging eighty dollars.
2. That the Defendant did reimburse the Plaintiff less than eighty percent of the total billed for date of service October 28, 2002.
3. That Defendant’s motion for summary judgment based on Plaintiff’s failure to submit a demand letter pursuant with F.S. Section 627.736(11) is:
HEREBY DENIED.
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