11 Fla. L. Weekly Supp. 726a
Insurance — Personal injury protection — Insurer paying charges for one date of treatment after receipt of demand letter but not paying statutory penalty and postal costs — Demand letter which stated name of provider, name of insured, policy number, and that no-fault benefits were due with attached patient ledger listing all dates of treatment is legally sufficient notice of claims, notwithstanding insurer’s argument that patient ledger does not list type of services rendered — Postal costs and statutory penalty awarded
PT FIRST REHABILITATION SERVICE, INC., (as Assignee of Suzanne Myatt), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 2003-CC-10349, Division CC-J. June 1, 2004. Eleni Elia Derke, Judge. Counsel: D. Scott Craig, Farah, Farah & Abbott, P.A., Jacksonville. Ellen Pappas, Tallahassee.
ORDER ON MOTIONS FOR SUMMARY JUDGMENT
This cause, having come before the Court on Plaintiff’s Motion for Partial Summary Judgment and Defendant’s Motion for Final Summary Judgment, and the court having heard arguments, reviewed the file and being otherwise fully advised, finds as follows:
On September 10, 2003, Plaintiff sent Defendant a notice of intent to initiate litigation as required by section 627.736(11), Florida Statutes (2003). In addition, the letter stated the name of the claimant, name of the insured, policy number, and that “No-Fault benefits [were] due.” Attached to this letter was a Financial Responsibility Agreement and a Patient Ledger. Defendant paid the charges for the March 17, 2003, treatment, but chose not to pay the 10% statutory penalty and postal costs. Defendant contends that the attached Patient Ledger was legally insufficient, because, although it lists all dates Ms. Myatt received treatment along with the corresponding amounts billed, it does not list the type of services rendered. The facts, as presented, indicate that Defendant did not pay the statutory penalty and postal costs and the remaining medical bills, not because Defendant could not identify them from the Demand Letter, but rather because Defendant intended and intends to defend its position that the amounts allowed were reasonable. This Court finds that the Demand Letter provided Defendant with notice of Plaintiff’s claims. The letter provides the correct name of the insurance upon which benefits are being sought. It provides the correct policy number, the name of the medical provider who rendered treatment to the insured and an itemized statement specifying each exact amount billed and the dates of those bills.
In consideration thereof, it is
ORDERED AND ADJUDGED that the Defendant’s Motion for Summary Judgment is hereby DENIED, and the Plaintiff’s Motion for Partial Summary Judgment is hereby GRANTED.
Plaintiff shall recover from Defendant the sum of $12.72 in postal costs and statutory penalty, for which sum let execution issue. The Court retains jurisdiction for consideration of any motions for attorneys’ fees and costs consistent with this Order.
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