21 Fla. L. Weekly Supp. 676b
Online Reference: FLWSUPP 2107NEWCInsurance — Personal injury protection — Plaintiff not required to submit demand letter as condition precedent to filing amended complaint — Motion to amend to include additional charges for unpaid benefits for dates of service not mentioned in original complaint and which could not have been known to plaintiff at time of original complaint is granted
JANICE NEWCOMB, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 16-2013-SC-004637, Division C. March 11, 2014. Brent D. Shore, Judge. Counsel: David A. Salisbury II and D. Scott Craig, Law Office of D. Scott Craig, LLC, Jacksonville, for Plaintiff. James C. Rinaman III, Rinaman & Associates, P.A., Jacksonville, for Defendant.
ORDER ON PLAINTIFF’S MOTIONTO AMEND COMPLAINT
This cause came before the Court for Hearing on the Plaintiff’s Motion To Amend Complaint, and the Court having considered the argument of counsel and being fully advised, finds:
A) The Plaintiff filed a Complaint on October 12, 2013 seeking unpaid No-Fault Benefits for treatment provided by the Plaintiff to the Defendant’s insured.
B) On February 13, 2014, the Plaintiff filed its Motion To Amend Complaint to include additional charges for unpaid No-Fault Benefits for dates of service not mentioned in the original Complaint and which could not have been known to Plaintiff at the time the original Complaint was filed, nor deemed late at the time of filing because the requisite payment period had not passed.
C) The Defendant objected to Plaintiff’s Motion To Amend Complaint and argued that the Plaintiff’s original demand letter was not in the proper form which would allow it to amend the Complaint without filing a subsequent demand letter as required by Florida Statute Sections 627.736(10)(b)(3) and 627.736(11)(a) and then moving to amend the Complaint after the 15-day demand period elapsed.
D.) Based on Florida Statute Section 627.736 (11)(a), the Plaintiff is not required to submit a demand letter to the Defendant as a condition precedent to filing an Amended Complaint. An amendment to a Complaint does not constitute a separate action for benefits. Once an action for No-Fault Benefits is filed and conditions precedent met, it is unnecessary to send additional demand letters and, possibly, file separate lawsuits, when the Plaintiff is simply amending the amount of damages in the Complaint. Therefore, it is
ORDERED AND ADJUDGED:
The Plaintiff’s Motion To Amend Complaint is GRANTED.
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