12 Fla. L. Weekly Supp. 254b
Insurance — Personal injury protection — Demand letter from billing agency that did not possess valid assignment in its favor does not satisfy condition precedent to suit by medical provider/assignee
SUNCOAST SPINAL CENTERS, INC., a/a/o PETER VUKADIN, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 04-CC-001167-SC. November 24, 2004. Gaston Fernandez, Judge. Counsel: Mathew Brumley, Timothy A. Patrick, P.A., Tampa, for Plaintiff. David B. Kampf, Ramey, Ramey & Kampf, P.A., Tampa, for Defendant.DEFENDANT’S AMENDED ORDERGRANTING SUMMARY JUDGMENT(Correcting typing error as to Defendant)
THIS CAUSE having come before Judge Fernandez on October 14, 2004, on Progressive’s Motion for Summary Judgment:
ORDERED and ADJUDGED:
1. That this Court grants Progressive’s Motion for Summary Judgment in its entirety. This Court finds that it should strictly construe Florida Statute §627.736(11). Based on the statutory provision, the claimant in the current matter, M & M Billing Inc., is an invalid “claimant” resulting in the demand letter at issue being an invalid demand letter and not meeting the conditions precedent required to file suit pursuant to F.S. §627.736(11). This Court finds that the claimant must possess a valid and enforceable assignment in its favor wherein the “claimant” did not possess such an assignment and the assignment of benefits was directed to Plaintiff.
2. This Court reserves jurisdiction to address reasonable attorneys’ fees and costs.
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