19 Fla. L. Weekly Supp. 1055a
Online Reference: FLWSUPP 1913SMASInsurance — Personal injury protection — Declaratory judgment — Conditions precedent — Demand letter was not required where action sought declaration regarding PIP coverage, not money damages for PIP benefits
MGA INSURANCE COMPANY, Appellant, vs. STEVEN KEITH MASSAGEE, Appellee. Circuit Court, 18th Circuit (Appellate) in and for Seminole County. Case No. 10-39-AP. L.C. Case No. 08CC1370. June 7, 2012. Appeal from the County Court of Seminole County. Donald L. Marblestone, County Judge. Counsel: Scott W. Dutton, Tampa, for Appellant. Thomas Andrew Player, Weiss Legal Group, Maitland, for Appellee.
(POWELL, R., Senior Judge.) The county court was correct in denying appellant’s motion for summary judgment because a pre-suit demand letter pursuant to section 627.736, Florida Statutes is not a condition precedent to filing this action, since the complaint sought a declaratory judgment only as to coverage, and did not seek money damages for PIP benefits. See Bristol West Ins. Co. v. MD Readers, Inc., 52 So.3d 48 (Fla. 4th DCA 2010) [35 Fla. L. Weekly D2832a] (“Because the complaint sought a declaratory judgment and no damages, we agree that the statutory notice did not become a condition of MD Readers right to bring this action, because it sought no benefits.”); Acosta v. Mercury Ins. Co. of Fla., 15 Fla. L. Weekly Supp. 868a (Fla. 9th Cir. Ct. App. 2008); New Hampshire Indemnity Co. v. Rural Metro Ambulance a/a/o William Zamboni, 13 Fla. L. Weekly Supp. 573a (Fla. 18th Cir.Ct. App. 2005).
Appellant’s and Appellee’s motions to tax appellate attorney’s fees are denied.
AFFIRMED.
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