12 Fla. L. Weekly Supp. 554b
Insurance — Personal injury protection — Plaintiff is not required to submit demand letter to insurer as condition precedent to filing amended complaint
PT FIRST REHABILITATION SERVICES, as assignee of Li Donna Hayes, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE CO., Defendant. Circuit Court, 4th Judicial Circuit in and for Duval County. Case No. 2003-SC-08026, Division N. March 29, 2005. Gary Flower, Judge. Counsel: David Candelaria, Farah, Farah & Abbott, P.A., Jacksonville, for Plaintiff. Mary E. Adkins, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION TO AMEND COMPLAINT
THIS CAUSE coming before the Court on Plaintiff’s Motion to Amend Complaint, and the Court having heard the argument of both counsel, and having considered relevant Florida law, finds as follows:
A. Plaintiff filed a lawsuit on July 30, 2003, seeking unpaid No-Fault Benefits, for treatment provided by the Plaintiff to Defendant’s insured, Li Donna Hayes, arising from a motor vehicle accident on March 27, 2003.
B. On February 17, 2004, the Plaintiff filed its Motion to Amend Complaint to include additional charges for unpaid No-Fault Benefits for dates of services not mentioned in the original Complaint which could not have been known to Plaintiff at the time of the Complaint nor deemed late at the time of filing because the requisite payment period had not yet passed.
C. Defendant objected to Plaintiff’s Amended Complaint and argued that the Plaintiff is required to submit a “demand letter” as required by Florida Statute § 627.736(11)(a) (2003), then move to Amend the Complaint after the 15-day demand period elapsed.
D. Based on the unambiguous language of Florida Statute § 627.736(11)(a) (2003), Plaintiff is not required to submit a “demand letter” to Defendant, as the condition precedent to the filing an Amended Complaint. An amendment to a complaint does not constitute a separate action for benefits. Once an action for No-Fault Benefits is filed, and conditions precedent are met, it is unnecessary to send further “demand letters” and possibly, file separate lawsuits, when a plaintiff is simply amending the amount of damages in the complaint.
Based on the foregoing, it is therefore:
ORDERED AND ADJUDGED:
l. Plaintiff’s Motion to Amend the Complaint is GRANTED.
2. Defendant shall file an Answer to Plaintiff’s Amended Complaint within twenty (20) days.
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