19 Fla. L. Weekly Supp. 939a
Online Reference: FLWSUPP 1911OBRIInsurance — Personal injury protection — Demand letter that states exact amount due, name of medical provider, date of treatment, and type of benefit claimed is proper and complies with statute
KEVIN O’BRIEN, an insured individual by and through his/her assignee, TAMPA BAY ORTHOPAEDIC & SPINE, LLC, Plaintiff, v. USAA CASUALTY INSURANCE COMPANY, a foreign corporation, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 11-CC-020044, Division M. July 11, 2012. Honorable Gaston J. Fernandez, Judge. Counsel: Philip A. Friedman, FL Legal Group, Tampa, for Plaintiff. Angela H. Roush, Herssein & Herssein, P.A., Tampa, for Defendant.
ORDER ON DEFENDANT’S MOTIONFOR FINAL SUMMARY JUDGEMENT
THIS MATTER, having come before the Court on the morning of June 15, 2012, present for Plaintiff Philip A. Friedman, Esquire and Melissa Carroll, Esquire and for the Defendant Angela Roush, Esquire, and the Court being apprised of an argument of counsel, case law, and statute, hereby ORDERED and ADJUDGED as follows:
1. As to the legal argument regarding the alleged improper form of the Plaintiff’s Notice of Intent to Initiate Litigation (pre-suit demand letter), this Court finds that the form appears to be proper and complies with the statute as it states an exact amount due, the name of the medical provider, the date of the treatment, and a type of benefit by statutory reference. As such, this Court denies the Defendant’s Motion for Final Summary Judgment.
2. This matter, including a separate account for declaratory relief which was previously stayed, is now hereby stayed in its entirety with regard to all accounts, pursuant to this Court’s prior Order, staying the matter.
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