11 Fla. L. Weekly Supp. 754a
NOT FINAL VERSION OF OPINION
Subsequent Changes at 11 Fla. L. Weekly Supp. 858a
Insurance — Personal injury protection — Demand letter — New subsection (11)(a) of section 627.736, which went into effect August 1, 2003, requires written demand letter for unpaid bills for treatment after August 1, 2003, even where those unpaid bills are for treatment that arose out of original injury and for which there was proper lawsuit filed before August 1, 2003, seeking payment for unpaid bills incurred prior to August 1, 2003, for same injury — Summary judgment granted in favor of insurer
HOFFNER FAMILY CHIROPRACTIC, INC., as assignee of RAMON MERCADO, Plaintiff, vs. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 03-SC-3864-19-R. May 27, 2004. Ralph E. Eriksson, Judge. Counsel: David B. Blessing, The Coury Law Firm, P.A., Lake Mary, for Plaintiff. Lisa Bernardini, Capito & Polk, Longwood, for Defendant.
ORDER GRANTING FINAL SUMMARY JUDGMENT
THIS CAUSE came on to be heard on May 12, 2004 upon the Defendant’s Motion for Final Summary Judgment. The facts do not appear to be in dispute and the Court finds them to be as follows:
1. The insured was injured in an automobile accident in June, 2003 and (promptly) received treatment for his injuries from the Plaintiff.
2. When the insurance company (Defendant) did not timely pay the medical bills the Plaintiff filed a lawsuit during July, 2003 to compel payment of those bills.
3. In September, 2003 the insurance company confessed judgment and paid the bills.
4. Thereafter, the Plaintiff filed a First Amended Complaint and a Second Amended Complaint, seeking payment for medical services provided to the insured after August 1, 2003.
5. As to the medical services that were provided after August 1, 2003, there never was a demand letter sent to the insurance company.
At issue in this case is whether new subsection (11)(a) of Florida Statute §627.736 that went into effect on August 1, 2003, required a written demand letter for unpaid bills for treatment after August 1, 2003 if these unpaid bills were for treatment that arose out of the original injury and for which there was a proper lawsuit filed before August 1, 2003 seeking payment of other unpaid medical bills incurred prior to August 1, 2003 from the same injury.
Florida Statute § 627.736(11)(a) states, “As a condition precedent to filing any action for benefits under this section, the insurer must be provided with written notice of an intent to initiate litigation. Such notice may not be sent until the claim is overdue.” The words “Such notice may not be sent until the claim is overdue,” are further modified/explained by subsection (c) of the same statute which states, “Each notice required by this subsection must be delivered . . . .”
Therefore, the absence of a demand letter under Florida Statute § 627.736(11) for medical services provided (and unpaid) after August 1, 2003 mandates that it is
ORDERED AND ADJUDGED that the Defendant’s Motion for Final Summary Judgment is granted. The Court retains jurisdiction to award fees and costs.
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