11 Fla. L. Weekly Supp. 1070b
Insurance — Personal injury protection — Insurer not subject to 10% statutory penalty for applying bill to deductible in response to provider’s presuit demand letter
KENNETH HAWTHORNE, M.D., P.A., as assignee of DENNIS CARR, Plaintiff, vs. DIRECT GENERAL INSURANCE COMPANY, Defendant. County Court, 7th Judicial Circuit in and for Volusia County. Case No. 2004-30368 COCI. August 19, 2004. H. Pope Hamrick, Jr., Judge. Counsel: Kimberly Simoes, Daytona Beach. Louis D. Kaye, Allen, Kopet & Associates, PLLC, Orlando.
ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE having come on before this Court on Plaintiff’s Motion for Summary Judgment and the Court having heard argument of counsel or being otherwise duly advised in the premises it is hereby:
ORDERED and ADJUDGED as follows:
1. Florida Statute section 627.736(11)(b) is clear and unambiguous, therefore, the Defendant is not required to pay the 10% statutory penalty for applying a bill to the deductible in response to Plaintiff’s pre-suit demand letter. Florida Department of Education v. Cooper, 858 So.2d 394 (Fla. 1st DCA 2003); Heard v. Mathis, 344 So.2d 651 (Fla. 1st DCA 1977).
* * *
