10 Fla. L. Weekly Supp. 1044d
Insurance — Personal injury protection — Explanation of benefits constituted denial for purposes of section 627.736(11) — Plaintiff not obligated to file seven-day demand prior to filing suit
MOBILE DIAGNOSTIC (Marianne Mertus), Plaintiff, vs. ALLSTATE INDEMNITY INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 03-007350 COCE (56). September 22, 2003. Linda R. Pratt, Judge. Counsel: Steven Lander, Lander & Hall, Fort Lauderdale.
[Ruling Reversed in Final Judgment at 11 Fla. L. Weekly Supp. 361a.]
ORDER
THIS CAUSE came to be considered on: Defendant’s Motion to Dismiss. The same is hereby:
1. Denied. The Court finds that the Defendant’s explanation of benefits stating that the bills are under review is a denial for purposes of Florida Statute 627.736(11). The Court further finds that the intent of the seven day demand letter required by Florida Statute 627.736(11) (2001) is not to give the Defendant an additional seven days in which to verify coverage. The Plaintiff was, therefore, not obligated to file a 7-day demand prior to suit filing.
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