13 Fla. L. Weekly Supp. 346a
Insurance — Personal injury protection — Demand letter — So long as insurer is put on notice of identity of medical provider which claims it has not been paid, it does not matter that demand letter is sent by provider’s billing agency after valid assignment of benefits from insured to provider has been made
TERRI KUECKER, Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, a foreign corporation, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 16-2005-SC-4815, Division K. February 2, 2006. Sharon H. Tanner, Judge. Counsel: Kelly B. Hampton and Vincent Gallagher, The Gallagher Law Firm, Jacksonville, for Plaintiff. Patrick J. Snyder, Jacksonville, for Defendant.
ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY FINAL DISPOSITION
This cause having come before the Court on Defendant’s Motion for Summary Final Disposition, and the Court having heard argument of the parties and with the Court being otherwise fully advised in the premises, it is upon consideration thereof
ORDERED AND ADJUDGED:
1. The intent of Fla. Stat. 627.736(11) is to put an insurer on notice of an intent to initiate a lawsuit against said insurer for PIP benefits not paid to a medical provider. That statute further requires the demand letter to provide the necessary information to be able to identify the specific claim(s) which are subject of the dispute. See F.S.A. Section 627.736(11) for the specific requirements of the demand letter.
2. The fifteen (15) day demand letter and attachments submitted by Medical Billing Services, Inc., on behalf of Northeast Florida Neurology (together with an assignment of benefits from plaintiff to Northeast Florida Neurology) dated May 31, 2005, is sufficient to put Defendant on notice that litigation will be initiated against the defendant for its failure to pay PIP benefits alleged to be past due.
3. The statute requires proper notice be given, but does not designate by whom. The Court finds that it is irrevelant who sends the fifteen (15) day demand letter so long as the letter conforms to the requirements of Fla. Stat. 627.736(11) and all subsections thereunder, and specifically, so long as the insurer is put on notice of the identity of the insured’s medical provider which claims it has not been paid. That is, it does not matter that the demand letter is sent by a medical provider’s billing agency, after a valid assignment of benefits from plaintiff insured to the medical provider, as the case herein. A different holding would go against the Legislature’s intent expressed through Section 627.736(3)(b), Florida Statutes Annotated, that proper medical expenses be paid within thirty (30) days after written notice of the loss.
4. Defendant’s Motion for Summary Final Disposition is hereby denied, without prejudice.
