16 Fla. L. Weekly Supp. 345a
Online Reference: FLWSUPP 164DIAS
Insurance — Personal injury protection — Insurer paying claim demanded in presuit demand letter must fully reimburse postal costs when reimbursement is requested by claimant
TAMPA BAY IMAGING, LLC, AS ASSIGNEE OF ELAINE DIAS, Plaintiff, v. INTEGON INDEMNITY CORPORATION, a foreign corporation, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 08-16157, Division L. December 11, 2008. Joelle Ann Ober, Judge. Counsel: Philip A. Friedman, Bonifield, Friedman, & Leifer, P.A., Tampa, for Plaintiff. Scott Dutton, Dutton Law Group, P.A., Tampa, for Defendant.
ORDER ON FINAL SUMMARY JUDGMENT
THIS CAUSE, having come before the Court for Plaintiff’s Motion for Final Summary Judgment on the 11th day of December, 2008, before the Honorable Joelle Ober and the Court having heard argument of counsel and otherwise fully advised in the premise and the law, the Court makes the following findings of fact and conclusions of law:FINDINGS OF FACT
1. Plaintiff issued a Pre-Suit Demand letter under Florida Statutes §627.736(10) on or about March 14, 2008 and received by the Defendant on March 31, 2008.
2. In said letter, a request for reimbursement for postal costs in the amount of $5.21 was requested.
3. On or about April 30, 2008, the Defendant paid the claim and reimbursed postal costs in the amount of $4.80, as evidenced by exhibit filed by Plaintiff and Defense.
CONCLUSIONS OF LAW
1. An insurance carrier paying a claim under §627.736(10) must reimburse postal costs if requested by the claimant when the insurer pays the claim. In this matter, Defendant failed to fully pay the postal costs. It is therefore ORDERED and ADJUDGED:
2. Plaintiff shall recover from the Defendant $0.41 in postal costs. Post-judgment interest shall accrue at 11% per annum if the claim is not paid within 20 days of this Order.
3. The Court shall retain jurisdiction over fees and costs.
