12 Fla. L. Weekly Supp. 1172a
Insurance — Personal injury protection — Demand letter — Letter that conforms to statutory requirements for demand letter and puts insurer on notice of identity of medical provider claiming not to have been paid is sufficient irrespective of fact that letter was sent by provider’s billing agency
NORTHEAST FLORIDA NEUROLOGY CLINICS, INC., (as assignee of AMANDA LATIMER), Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, a foreign corporation, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 16-2005-SC-3497, Division CC-J. September 12, 2005. Eleni E. Derke, Judge. Counsel: Vincent Gallagher and Kelly B. Hampton, The Gallagher Law Firm, Jacksonville. Christopher K. Leifer, Jacksonville.
ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY FINAL DISPOSITION
THIS CAUSE having come before the Court on Defendant’s Motion for Summary Final Disposition, and the Court having heard argument of the parties with the Court being otherwise fully advised in the premises, it is upon consideration thereof
ORDERED AND ADJUDGED:
1. The intent of Fla. Stat. 627.736(11) is to put an insurer on notice of an intent to initiate a lawsuit against said insurer for PIP benefits not paid to a medical provider. That statute further requires the demand letter to provide the necessary information to be able to identify the specific claim(s) which are subject of the dispute. See F.S.A. Section 627.736(11) for the specific requirements of the demand letter.
2. The fifteen (15) day demand letter and attachments submitted by Medical Billing Services, Inc. on behalf of the plaintiff dated 04/06/05, is sufficient to put Defendant on notice that litigation will be initiated against the Defendant for its failure to pay the PIP benefits alleged to be past due. The Defendant’s medical claims representative, Daniel Noranjo, understood the referenced demand letter to refer to Claim #055366626, the claim involved herein. His letter responding to the demand letter received was mailed to the medical provider, the Plaintiff, herein and specifically stated the reason for the denial of payment of date of service of January 31, 2005, for patient, Amanda Latimer, the claim herein.
3. The Court finds that it is irrelevant who sends the fifteen (15) day demand letter so long as the letter conforms to the requirements of Fla. Stat. 627.736(11) and all subsections thereunder, and specifically, so long as the insurer is put on notice of the identity of the medical provider who claims he has not been paid. That is, it does not matter that the demand letter is sent by a medical provider’s billing agency, as the case herein. A different holding would go against the Legislature’s intent expressed through Section 627.736(3)(b), Florida Statutes Annotated, that proper medical expenses be paid within thirty (30) days after written notice of the loss.
4. Defendant’s Motion for Summary Final Disposition is hereby DENIED, without prejudice.
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