13 Fla. L. Weekly Supp. 297a
Insurance — Personal injury protection — Demand letter — PIP log — Postage — Section 627.736(11), which provides for reimbursement of demand letter postage, does not provide for recovery of postage used to send letter demanding copy of PIP payment ledger
RAMON FRANCISCO, GLENDAIRY COLON, individually and as the natural parent, guardian and next of friend of JONATHAN CABAN, a minor, Plaintiff, vs. COOPERTIVA DE SEGUROS MULTIPLES DE PUERTO RICO, INC., Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 04-SC-004066. December 19, 2005. John R. Sloop, Judge. Counsel: Peter A. Shapiro, Law Offices of Peter A. Shapiro, Orlando, for Plaintiff. Johanna W. Clark, Carlton Fields, P.A., Orlando, for Defendant.
FINAL JUDGMENT
THIS CAUSE is before the Court upon Cooperativa de Seguros Multiples de Puerto Rico, Inc.’s (“Cooperativa”) Motion for Entry of Final Judgment against Plaintiffs.
THE COURT has considered the motion, the pertinent portions of the record, and is fully advised in the premises. The record reflects the following:
1. Plaintiffs’ Complaint sought $4.42 in postage reimbursement for a demand letter sent to Cooperativa demanding a copy of the insured’s “PIP payment ledger”. Plaintiffs alleged that they were entitled to the $4.42 in postage pursuant to Florida Statute Section 627.736 (11).
2. Specifically, Plaintiffs alleged, “[o]n August 27, 2004, Plaintiffs requested a PIP payout ledger from Defendant. After no response from Defendant, Plaintiffs mailed a demand letter, pursuant to Florida Statutes § 627.736(11) by certified mail on October 18, 2004. The demand letter was received by Defendant on October 21, 2004. Inresponse to the PIP demand letter, Defendant provided Plaintiffs’ PIP payout ledgers but failed to reimburse Plaintiffs for the postage expense of the demand letter as required under Florida Statutes §627.736(11).” See Plaintiffs’ Complaint ¶8.
3. Cooperativa subsequently filed a motion to dismiss for failure to state a claim on the ground that the clear and unambiguous language in Section 627.736, Florida Statutes, makes no mention of a claim for damages in “postage” on a demand for a copy of the “insurance company’s PIP payment ledger.” Rather, the statute provides for recovery of postage when that postage is used to send a demand letter for payment of an overdue claim for medical bills.
4. Section 627.736(11), Florida Statutes, provides in pertinent part:
(a) As a condition precedent to filing any action for benefits under this section, the insurer must be provided with written notice of an intent to initiate litigation. Such notice may not be sent until the claim is overdue, including any additional time the insurer has to pay the claim pursuant to paragraph (4)(b).
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(c) Each notice required by this subsection must be delivered to the insurer by United States certified or registered mail, return receipt requested. Such postal costs shall be reimbursed by the insurer if so requested by the claimant in the notice, when the insurer pays the claim.
(emphasis added).
5. After the hearing on Cooperativa’s motion, the Court granted Cooperativa’s Motion to Dismiss for Failure to State a Claim and stated that “Sections 627.736 (11)(a) and (c), Florida Statutes, are inapplicable to the facts alleged in Plaintiff’s Complaint.”
Accordingly, it is
ORDERED AND ADJUDGED that:
1. Final Judgment is entered in favor of Cooperativa and against Plaintiffs, whose last known address is 13945 Corrine Key Place, Orlando, Florida 32824, and whose social security numbers are unknown to Cooperativa. Plaintiffs’ claim for postage reimbursement on a demand letter for a copy of the insured’s PIP payment ledger is dismissed with prejudice.
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