19 Fla. L. Weekly Supp. 584b
Online Reference: FLWSUPP 1907JEUNInsurance — Personal injury protection — Demand letter — Sufficiency — Demand letter that sets forth amount demanded in bold font and to which medical provider’s itemized billing ledger is attached satisfied statutory requirements for PIP demand letter
RUSSELL E. TURNER, D.C., PLLC, a Florida Corporation (assignee of Louis Jeune, Le Jeanne), Plaintiff, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. County Court, 20th Judicial Circuit in and for Collier County. Case No. 10 1875 SC. December 5, 2011. Janeice T. Martin, Judge.
ORDER DENYING DEFENDANT’S MOTIONFOR FINAL SUMMARY JUDGMENT
THIS CAUSE came before the court for hearing on November 21, 2011 on the Defendant’s Motion For Final Summary Judgment regarding Plaintiff’s pre-suit demand letter, and the court, having reviewed the motion, the court file, legal authorities and having heard argument of counsel, the Court finds as follows:
Factual Background: This is a P.I.P. case. Defendant moves for final summary judgment alleging Plaintiff’s pre-suit demand letter does not comply with the statutory requirements outlined in Section 627.736(10), Florida Statutes (2010). The pre-suit demand letter at issue seeks 80% of Plaintiff’s charges and that amount is set forth in bold font on the first page of the demand letter. Additionally, attached to the demand letter is the Plaintiff’s itemized billing ledger which lists: each date of service; a description of each service using medical CPT coding; the price for each service; the total amount billed; and the total amount paid.
Legal Conclusion: This Court finds that the demand letter in question complies with F.S. s. 627.726(10). Accordingly, it is hereby, ORDERED AND ADJUDGED that Defendant’s Motion For Final Summary Judgment is DENIED.
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