13 Fla. L. Weekly Supp. 608c
Insurance — Personal injury protection — Demand letter — Where medical provider who sent pre-suit demand letter subsequently reassigned cause of action to insured, and insured did not send separate demand letter prior to filing PIP action, summary judgment is granted in favor of insurer
REBECCA PAUL, Plaintiff, vs. PROGRESSIVE AUTO PRO INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2005-CC-7491. March 20, 2006. Carolyn B. Freeman, Judge. Counsel: Hans Kennon, Morgan & Morgan, P.A., Orlando, for Plaintiff. George Milev, Adams, Blackwell & Diaco, P.A., Orlando, for Defendant.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY FINAL JUDGMENT
This cause came for hearing on February 28, 2006, on the Defendant’s Motion for Summary Final Judgment. After hearing the arguments of counsel, reviewing the relevant statutes, case law and the pleadings in the file, the Court finds:
A. On or about March 21, 2005, Headache & Neurological Institute submitted a PIP demand letter pursuant to Florida Statutes §627.736(11) to Progressive Auto Pro Insurance Company.
B. On or about March 29, 2005, Progressive Auto Pro Insurance Company, acknowledged receipt of the pre-suit demand dated March 21, 2005 pursuant to §627.736(11).
C. On or about April 4, 2005, Headache & Neurological Institute reassigned any causes of action relating to benefits for personal injury protection or medical payment to the Plaintiff, Rebecca Paul.
D. The Plaintiff, Rebecca Paul, did not send a separate demand letter pursuant to Florida Statutes §627.736(11) to Progressive Auto Pro Insurance Company.
E. The Plaintiff, Rebecca Paul, initiated the above litigation on or about May 23, 2005.
THEREFORE, it is ORDERED and ADJUDGED as follows:
1. That the Defendant’s Motion For Summary Final Judgment regarding the failure of the Plaintiff, Rebecca Paul, to send the condition precedent demand letter required by Florida Statutes §627.736(11) is GRANTED.
2. Plaintiff, REBECCA PAUL, shall take nothing from its Complaint and that Defendant, PROGRESSIVE AUTO PRO INSURANCE COMPANY, shall go hence without day.
