12 Fla. L. Weekly Supp. 488c
Insurance — Personal injury protection — Demand letter — Sufficiency — Demand letter pertaining only to medical services provided and unpaid prior to August 1, 2003, the effective date of amendments to section 627.736(11)(a), need not satisfy amendment’s requirement to state with specificity exact amount owed and types of benefits claimed to be due
DEL GROSSO CHIROPRACTIC, P.A., a Florida Corporation (a/a/o Volmy Sylvenert), Plaintiff, vs. PROGRESSIVE SOUTHEASTERN INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 04-05433COSO (62). February 18, 2005. Gisele Pollack, Judge. Counsel: Russel Lazega, The Law Office of Russel Lazega, North Miami, for Plaintiff. Reuven T. Herssein, Miami, for Defendant.
ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY FINAL JUDGMENT
THIS CAUSE came before the Court on February 8, 2005 for hearing on Defendant’s Motion for Summary Final Judgment, and the Court’s having reviewed the Motion, Court file, and relevant legal authorities; having heard argument; and having been sufficiently advised in the premises, the Court hereby finds as follows:
Background. On July 26, 2004, the Plaintiff filed action for breach of contract against the Defendant. The Complaint sets forth that Defendant partially paid Plaintiff for services rendered by Plaintiff to Claimant after receiving Plaintiff’s Notice of Intent to Initiate Litigation. This Notice dated June 21, 2004 states that it is a demand letter under §627.736(11), Florida Statutes, and states that the charges at issue are for dates of service 2-24-03 through 6-18-03. That despite prior demand by Plaintiff, Defendant has refused and continues to refuse to issue payment of all sums due Plaintiff, and in breach of its contract with Claimant. The Defendant has moved for summary final judgment on the basis that Plaintiff has failed to comply with the conditions precedent to filing suit pursuant to subsection (11)(a) Florida Statutes, §627.736 (2003). In essence, that Plaintiff’s demand letter does not state with specificity the exact amounts owed, nor the types of benefits claimed to be due.
Conclusions of Law. Subsection (11)(a) of Florida Statutes §627.736 went into effect with amendments August 1, 2003 and the amendments apply to unpaid bills for treatment after August 1, 2003. Hoffner Family Chiropractic, Inc. vs. Nationwide Mutual Fire Insurance Company, 11 Fla. L. Weekly Supp. 754 (Fl. 18th Jud. Cir. 2004). Additionally, the retroactive application of the 2003 amendments to §627.736 have been held to be in violation of Section 10 of the Florida Constitution. Millennium Diagnostic Imaging Center, Inc. vs. Progressive Express Insurance Company, 12 Fla. L. Weekly Supp. 80b (Fl. 11th Jud. Cir. 2004).
The demand letter in the instant cause of action pertains only to medical services provided and unpaid prior to August 1, 2003. This Court therefore finds that the conditions precedent to the filing of this lawsuit have been met.
ORDERED and ADJUDGED that the Defendant’s Motion for Summary Final Judgment is DENIED.
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