18 Fla. L. Weekly Supp. 81a
Online Reference: FLWSUPP 1801RIGG Insurance — Personal injury protection — Conditions precedent — Demand letter
FLORIDA PHYSICAL MEDICINE, LLC, as assignee of PAMELA RIGGS, Plaintiff, vs. ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County. Case No. 522010CC006479XXCOCO. REF: 10-006479-CO-039. September 30, 2010. Walt Fullerton, Judge. Counsel: Marc B. Nussbaum, Reeder & Nussbarum, P.A., St. Petersburg, for Plaintiff. Anthony J. Parrino, Reynolds Stowell Parrino, P.A., St. Petersburg, for Defendant.
ORDER OF DISMISSAL
The Court heard September 28, 2010 argument upon Defendant’s Motion to Dismiss then took the matter under advisement in order to consider the issue and review the citations of authority. Dismissal now is granted because:
1. The Court concludes that the disputed issue should be resolved as a breach of contract action after first providing Defendant with a pre-suit demand letter and an opportunity to resolve the matter without litigation;
2. The Complaint fails to allege with specificity compliance with appropriate conditions precedent.
