16 Fla. L. Weekly Supp. 1160c
Online Reference: FLWSUPP 1612FEIJ
Insurance — Personal injury protection — Limitation of actions — Where action for breach of PIP contract was filed more than five years after breach occurred when benefits claimed by last set of medical bills submitted to insurer became overdue, action is barred by statute of limitations — Demand letter did not toll running of statute of limitations where letter was untimely served after expiration of limitations period
MANUEL V. FEIJOO, M.D. and MANUEL V. FEIJOO, M.D., P.A. (Angela Blanco), Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, (Civil Division). Case No. 09-3681-SP-25 (02). September 24, 2009. Lawrence D. King, Judge. Counsel: Stuart L. Koenigsberg, Miami, for Plaintiff. Catherine L. Massard, Miami Gardens, for Defendant.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY FINAL JUDGMENT
THIS CAUSE came before the Court on September 23, 2009 for hearing on Defendant, United Automobile Insurance Company’s Motion for Summary Final Judgment, and the Court having reviewed the court file, having considered argument of counsel, having reviewed the case law and statutory authority cited by the parties, and being otherwise apprised in the premises, hereby enters the following ruling.
IT IS ORDERED AND ADJUDGED that the Defendant, United Automobile Insurance Company’s Motion for Summary Final Judgment is GRANTED.
The Court finds as a matter of law that the action brought by Plaintiffs’ is time barred by Chapter 95.11(2)(b), Florida Statutes, having been filed more than five (5) years after the breach of contract subject of this dispute.
Specifically the breach of the PIP insurance contract occurred when the benefits became overdue after the statutory thirty (30) day time period ended without payment of said benefits. The latest date that Plaintiffs’ were required to file suit for the alleged breach of insurance contract was before November 7, 2008 for recovery of benefits as to the last set of medical bills submitted to Defendant, United Automobile Insurance Company. See State Farm Automobile Ins. Co. v. Lee, 678 So.2d 818 (Fla. 1996).
Lastly, the Court finds that the statutory demand letter in this case was untimely served on Defendant after the expiration of the 5-year limitations period, and therefore does not toll the running of Florida’s Statute of Limitations in this case. The Court hereby reserves jurisdiction to award reasonable attorneys fees and costs if appropriate in favor of Defendant, United Automobile Insurance Company as the prevailing party.
