11 Fla. L. Weekly Supp. 729b
Insurance — Personal injury protection — Provider may amend complaint to add claims for benefits not in demand letter without submitting additional demand letter where amended complaint seeks benefits for reduction of approximately same amount for same type of treatment and from same provider as initial complaint
JACKSONVILLE INJURY CENTER, L.L.C., as assignee of MUHAMED FAZLIC, Plaintiff, v. GENERAL INSURANCE COMPANY OF AMERICA, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 2004-SC-1219, Division CC-O. May 19, 2004. Ronald P. Higbee, Judge. Counsel: David Candelaria, Jacksonville. Paul Bueker, Jacksonville.
ORDER GRANTING PLAINTIFF’S MOTION TO AMEND COMPLAINT
This cause came before the court for hearing on the plaintiff’s Motion to Amend Complaint and the court heard argument of counsel for both parties. In consideration thereof, it is
ORDERED AND ADJUDGED that the plaintiff may amend its Complaint without submitting an additional demand letter in this case because:
1. The CPT codes are the same, that is, the treatment for the insured is the same.
2. The plaintiff previously did submit a demand letter to the defendant contesting the reduction of payment before filing the initial complaint, although the amended complaint adds claims for benefits that were not in the demand letter.
3. The amended complaint is seeking benefits for reduction of approximately the same amount for the same type of treatment and from the same medical provider.
4. The defendant has been aware of the proposed amended complaint for more than the fifteen-day time period set forth in the statute, which effectively serves the same purpose as the demand letter and has elected not to pay the amounts sought.
* * *
