12 Fla. L. Weekly Supp. 770a
Insurance — Medpay — Demand letter — Insured is not required to send demand letter to insurer prior to filing suit for overdue or unpaid benefits under medical payment insurance
PONTE VEDRA CHIROPRACTIC MEDICINE & P.T., INC., As Assignee of JAMES TYNAN, Plaintiff, vs. SAFECO INSURANCE COMPANY OF AMERICA, Defendant. County Court, 7th Judicial Circuit in and for St. Johns County, Small Claims Court. Case No. SP04-2348, Div. 66. May 12, 2005. Charles Tinlin, Judge. Counsel: James A. Farson, Lindell Farson & Pincket, P.A., Jacksonville, for Plaintiff. Michael A. Mills, Conroy, Simberg, Ganon, Krevans & Abel, P.A., Orlando, for Defendant.
ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
This cause having come before the Court on the Defendant’s Motion for Final Summary Judgment and the Court having heard argument of counsel and the Court being otherwise fully advised in the premises, the Court finds as follows:
1. Plaintiff did not submit a “demand letter” in accordance with Section 627.736(11), Florida Statutes (2004), prior to filing suit for alleged unpaid medical payment insurance benefits that are claimed in relation to Plaintiff’s treatment of Defendant’s insured, James Tynan. In its motion, Defendant contends that Plaintiff is required to submit a “demand letter” as a prerequisite to filing a lawsuit for unpaid medical payment insurance. It is noted that subsequent to the filing of this action, the Plaintiff properly submitted a “demand letter” to Defendant regarding alleged unpaid and overdue personal injury protection benefits, which Defendant promptly paid.
2. The applicable law in this case is the 2004 version of Florida Statute 627.736, which no longer specifically mentions medical payment insurance as being covered by that section. Any mention of medical payment insurance was removed from the statute in a statutory revision that occurred in 2001.
3. The Court finds that Section 627.736, Florida Statutes (2004), does not apply to medical payment insurance, an optional coverage that is not required to be purchased under Florida law to meet Florida’s minimum security requirements and which provides coverage beyond the scope of standard personal injury protection insurance. Therefore, the Plaintiff is not required to send a “demand letter” to the insurance carrier prior to filing suit for any alleged overdue or unpaid benefits under medical payment insurance.
Based on the foregoing, it is ORDERED AND ADJUDGED that the Defendant’s Motion for Final Summary Judgment is hereby DENIED at St. Johns County, Florida, this 12th day of May, 2005.
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