11 Fla. L. Weekly Supp. 336a
Insurance — Personal injury protection — Demand letter — Plaintiff was not required to submit demand letter as condition precedent to filing suit where insurer affirmatively denied or reduced medical bills
CATHERINE GRAHAM, Plaintiff, vs. PROGRESSIVE CONSUMERS INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County, Small Claims Court. Case No. 16-2003-SC-002503. Div. E. January 27, 2004. John A. Moran, Judge. Counsel: Glenn S. Banner. David G. Candelaria, Farah, Farah & Abbott, P.A., Jacksonville.
ORDER
THIS CAUSE having come on to be heard before me and the Court having heard the argument of both counsel, and having considered relevant Florida law, finds as follows:
1. Plaintiff filed this lawsuit on March 11, 2003, seeking unpaid No-Fault Benefits, arising from Plaintiff’s motor vehicle accident of July 12, 2002.
2. Defendant affirmatively denied or reduced several medical bills, submitted by medical providers who treated Plaintiff. Because of the affirmative denial, Plaintiff was not required to submit a “demand letter” as a condition precedent to filing suit, pursuant to the version of F.S. §627.736(11)(a) then in effect.
3. Defendant affirmatively reduced, from $125.00 to $79.00, a medical bill submitted by Michael C. Tracey, M.D., for date of service August 27, 2002. Defendant paid nothing for that bill.
4. Defendant argues that, while the bill for date of service August 27, 2002 was affirmatively reduced, Defendant did not pay the reduced amount in error; and because the Defendant intended to pay the reduced amount the Plaintiff was obligated to submit a “demand letter” as a condition precedent to filing suit.
ORDERED AND ADJUDGED that:
5. Defendant’s Motion for Partial Summary Judgment, based on Plaintiff’s failure to file the “demand letter” is DENIED.
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