13 Fla. L. Weekly Supp. 489a
Insurance — Personal injury protection — Demand letter — Where medical provider claimed that amount of interest paid by insurer was incorrect, demand letter which did not state specific amount of additional interest claimed to be due failed to comply with section 627.736(11)(b)(3)
BLANDING REHAB AND CHIROPRACTIC, (as assignee for Ashley Kirk), Plaintiff, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 16-2005-SC-000476, Division N. January 31, 2006. Gary P. Flower, Judge. Counsel: Robert P. Selzer, The Law Offices of J. Scott Noony & Associates, Jacksonville, for Plaintiff. Edward H. Merrigan, Jr., James C. Rinaman, III & Associates, P.A., Jacksonville, for Defendant.ORDER GRANTING DEFENDANT’S MOTIONFOR PARTIAL SUMMARY JUDGMENT
THIS CAUSE, came to be heard on January 25, 2005, on the Defendant’s Motion for Partial Summary Judgment for Failure to Satisfy Conditions Precedent pursuant to Florida Statute §627.736(11). Present before the Court appeared counsel for Defendant, Edward H. Merrigan, Jr., Esquire, and Robert P. Selzer, Esquire, attorney for Plaintiff. The Court having reviewed the Motion, having heard the argument of counsel, having reviewed the relevant case law and being otherwise fully advised in the premises, the Court finds:
A. This lawsuit concerns Plaintiff’s allegations that Defendant failed to make full payment of Plaintiff’s bills for medical treatment rendered to Defendant’s insured, Ashley Kirk, by the Plaintiff, Roosevelt Rehab and Chiropractic Clinic.
B. Pursuant to Section 627.736(11), Florida Statutes, the Plaintiff submitted to Defendant’s designee, a “demand letter” on October 15, 2004 for Dates of service March 25, 2004, March 29, 2004 and April 6, 2004. The “demand letter”, stated, “Demand is specifically made for full payment at 80% of the gross amount billed for the dates of service 3-25-04, 3-29-04 & 4-6-04 ”. There was no specific amount claimed for these dates of service in the Plaintiff’s “demand letter”.
C. The Defendant paid the Plaintiff for these dates of service on September 2, 2004, with interest. The Plaintiff is contending that the amount of interest paid was not the proper amount, and that the “demand letter” sent on October 15, 2004, puts the Defendant on notice of the claim for additional interest.
C. Plaintiff’s “demand letter” fails to comply with Florida Statute §627.736(11)(b)(3). Specifically, Plaintiff’s “demand letter” did not state with specificity the amount claimed to be due to the Plaintiff. In this case, the Plaintiff was claiming that the amount of interest paid on dates of service, 3-25-04, 3-29-04 and 4-6-04 was incorrect. The “demand letter” does not indicate the specific amount claimed to be due as additional interest.
For the above stated reasons, it is hereby,
ORDERED AND ADJUDGED:
1. Defendant’s Motion for Partial Summary Judgment for Failure to Satisfy Conditions Precedent for dates of service 3-25-04, 3-29-04 and 4-6-04, pursuant to Florida Statute 627.736(11) is hereby GRANTED.
