13 Fla. L. Weekly Supp. 1085a
Insurance — Personal injury protection — Demand letter — Sufficiency — Presuit demand letter to which medical provider attached patient account ledger which failed to indicate with specificity which services had been reduced or denied did not comply with statutory requirements — Complaint dismissed without prejudice
PONTE VEDRA CHIROPRACTIC MEDICINE & P.T., INC. as Assignee for BRENDA TINKLE-WEEKS, Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, a Florida Insurance Company, Defendant. County Court, 7th Judicial Circuit in and for St. Johns County. Case No. SP03-2584, Division 66. August 17, 2006. Charles J. Tinlin, Judge. Counsel: R. Brian Boyd, Jacksonville, for Plaintiff. Glen S. Banner, James C. Rinaman, III & Associates, P.A., Jacksonville, for Defendant.
ORDER ON DEFENDANT’S AMENDED MOTION FOR SUMMARY JUDGMENT FOR FAILURE TO SATISFY CONDITIONS PRECEDENT
This matter came before the Court for hearing upon the Defendant’s Amended Motion for Summary Judgment for Failure to Satisfy Conditions Precedent. The Court having reviewed the Defendant’s amended motion and the affidavits of both Chris Keller and Tammy Morrell in support of the Defendant’s motion, having reviewed the Plaintiff’s Memorandum in Opposition to the Defendant’s Motion for Summary Judgment, having heard argument of counsel and being fully advised in the premises the Court finds that:
1. The Plaintiff sent to the Defendant a pre suit demand letter on November 7, 2003, for unpaid or reduced no fault benefits as the assignee of Brenda Tinkle-Weeks. Attached to the demand letter was an itemized patient account ledger which listed all medical treatments rendered by the Plaintiff to Ms. Tinkle-Weeks and dates of service. Additionally the ledger shows a series of debits, credits and balances which total 132 separate entries.
2. The patient ledger fails to indicate with specificity which services had been reduced or denied and the affidavits of Chris Keller and Tammy Morrell show that the Defendant could not ascertain from the Plaintiff’s demand letter the basis for the claim.
3. The pre suit demand letter with the attached patient ledger does not comply with the statutory requirements of Florida Statutes section 627.736(11).
4. The Defendant is entitled to Summary Judgment.
WHEREFORE, it is
ORDERED AND ADJUDGED that the Defendant’s Amended Motion for Summary Judgment for Failure to Satisfy Conditions Precedent is GRANTED. This matter is DISMISSED WITHOUT PREJUDICE.
