16 Fla. L. Weekly Supp. 513b

Online Reference: FLWSUPP 166HINES

Insurance — Personal injury protection — Demand letter — Sufficiency

WIDE OPEN MRI, a/a/o Susana Hinestroza, Appellant, v. MERCURY INSURANCE GROUP, OF FLORIDA, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 07-12342 (08). March 13, 2009. Counsel: Steven Goldsmith, Boca Raton. Robert Peterson, Tampa. Michael Brodi, Miami.

OPINION

(RONALD J. ROTHSCHILD, J.)

(PER CURIAM.) AFFIRMED. See Fountain Imaging of West Palm Beach, L.L.C. (a/a/o Charlotte Jenkins) v. Progressive Express Ins. Co., 14 Fla. L. Weekly Supp. 614a (Fla. 15th Cir. Ct. 2007) (Appellate court affirmed the trial court’s granting of the insurer’s Motion for Summary Judgment and held that provider’s demand letter did not satisfy the demand letter requirements under Florida Statute §627.736(11) because the provider did not attach an itemized statement, or a form allowed as a substitute under §627.736(5)(d)); Florida MRI, Inc. v. Allstate Indemnity Co., 12 Fla. L. Weekly Supp. 989a (Fla. 17th Cir. Ct. 2005) (A condition precedent to filing a cause of action under §627.736 is the submission of a demand letter to the insurer that specifies a compensable amount which the insurer could pay the provider to avoid litigation. An amount that is in excess of the maximum compensable amount as per §627.736(5)(b)(5) is not a proper compensable amount); Chambers Medical Group, Inc. v. Progressive Express Ins. Co., 14 Fla. L. Weekly Supp. 207a (Fla. 13th Cir. Ct. 2006) (Summary judgment in favor of insurer was appropriate where provider did not comply with the law. The appellate court found provider did not comply with §627.736(11)(b)(3) because the demand letter did not set forth an itemized statement of the exact and final amount claimed to be due, but attached a claim form instead. The provider’s bill is not compensable where the provider fails to adhere to the strict requirements of 627.736); The Aries Insurance Co. v. First Chiropractic Clinic, Inc., 12 Fla. L. Weekly Supp. 637 (Fla. 13th Cir. Ct. 2005) (Provider failed to provide adequate notice of claim where credentials were not supplied in Box 31 of the HCFA claim form).