12 Fla. L. Weekly Supp. 1196a
Insurance — Personal injury protection — Demand letter — Sufficiency — Demand letter with all medical bills attached is sufficient where bills identify specific services, amounts and dates of service claimed
THIRD AVENUE CHIROPRACTIC CENTER, INC., a Florida Corporation (assignee of Midi, Stanley 2), Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 04-014318 COCE 54. August 31, 2005. Lisa Trachman, Judge. Counsel: Russel Lazega, The Law Office of Russel Lazega, North Miami. Kevin Jones.
ORDER GRANTING MOTION TO STRIKE AMENDED AFFIRMATIVE DEFENSE #1 (DEMAND LETTER)
This action was heard on Plaintiff’s Motion to Strike Amended Affirmative Defense #1 (Demand Letter) and the Court being advised in the premises finds as follows:
1. Defendant asserts as an amended affirmative defense that Plaintiff failed to submit a proper pre-suit demand letter pursuant to F.S. s. 627.736(11).
2. The court has reviewed the demand letter submitted and finds that the Demand letter is proper.
3. Attachment of all medical bills (HCFA 1500 forms) to the demand letter at issue is sufficiently specific as the bills identify: the specific services, amounts and dates of service claimed such that Defendant is clearly apprised of the claim at issue.
ACCORDINGLY, IT IS ADJUDGED that Plaintiff’s Motion to Strike as to Defendant’s Amended Affirmative Defense #1 is granted with prejudice.
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