16 Fla. L. Weekly Supp. 261b

Online Reference: FLWSUPP 163MOLIN

Insurance — Personal injury protection — Complaint — Amendment — Denial — Motion to amend complaint to add cause of action for insurer’s failure to provide explanation of benefits is denied where alleged breach was not identified in demand letter

PVC MEDICAL CENTER, INC., A/A/O ROSIBEL MOLINA, Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. Small Claims Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 06-CC-5335-H. January 12, 2009. Eric Meyers, Judge. Counsel: Robero Alayon. Xavier J. Jackman, Luks Santaniello Perez Petrillo & Gold, Tampa.

ORDER DENYING PLAINTIFF’S MOTION TO AMEND COMPLAINT

THIS CAUSE, having come before the Court on October 23, 2008, on Plaintiff’s Motion to Amend Complaint and Defendant’s Opposition thereto, and the Court having reviewed the pleadings, heard argument of Counsel, and having considered relevant Florida law, it is hereby

ORDERED AND ADJUDGED that:

1. Plaintiff filed a lawsuit on or about June 5, 2007, seeking unpaid monies allegedly due as PIP benefits for treatment provided by Plaintiff to the Defendant’s Insured, Reynaldo Underwood.

2. Plaintiff sought leave to Amend its Complaint to add an additional cause of action for Defendant’s alleged failure to supply an explanation of benefits to the Plaintiff regarding the treatments currently at issue in this litigation.

3. Defendant opposed this motion on the grounds that Plaintiff had failed to comply with a condition precedent to suit, to wit, had failed to identify this alleged breach in its demand letter sent pursuant to Fla. Stat. §627.736(11) (2003).

4. The additional cause of action for the Defendant’s alleged failure to provide an explanation of benefits is a separate and distinct cause of action to the matter as currently plead.

5. Fla. Stat. §627.736(11) (2003) requires, “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.”

6. Therefore, in the absence of a demand letter regarding the additional cause of action for insurer’s alleged failure to provide an explanation of benefits, Plaintiff may not add such a claim at this time.

In consideration of the above, it is

ORDERED AND ADJUDGED that the Plaintiff’s Motion to Amend Complaint is Denied.