21 Fla. L. Weekly Supp. 335b
Online Reference: FLWSUPP 2104ANGLInsurance — Personal injury protection — Demand letter is legally insufficient for failing to clearly specify amount due and owing by insurer — Assignment of benefits attached to demand letter is legally insufficient
TAMPA BAY IMAGING, LLC A/A/O LEE ANGLIN, Plaintiff, v. MERCURY INDEMNITY COMPANY OF AMERICA, Defendant. County Court, 6th Judicial Circuit in and Pinellas County, Small Claims Division. Case No. 13-005315-SC South. December 5, 2013. Honorable Myra Scott McNary, Judge. Counsel: Stephen B. Farkas, Dolman Law Group, Clearwater, for Plaintiff. Randall A. Wainoris, Scott W. Dutton, and Suzette M. Alfonso, Dutton Law Group, P.A., Tampa, for Defendant.
FINAL SUMMARY JUDGMENTIN FAVOR OF DEFENDANT
THIS CAUSE having come before the Court on December 3, 2013 upon the Defendants Motion for Summary Judgment Regarding the Insufficiency of Plaintiff’s Demand Letter, and the Court having reviewed the pleadings, having heard oral argument from counsel, considered the authorities, and being otherwise fully advised in the premises; this Court Grants Defendant’s Motion for Final Summary Judgment and makes the following findings:
1. This Court finds that the Written Assignment of Benefits form as attached to the Plaintiff’s demand letter was legally insufficient.
2. This Court finds that the Plaintiff’s demand letter failed to clearly specify an amount that was due or owing by the insurance company to the provider and is thus legally insufficient.
Accordingly Defendant’s Motion for Summary Judgment is GRANTED and this Court enters Final Summary Judgment in favor of Defendant.
IT IS HEREBY ADJUDGED that Final Summary Judgment is entered in favor of Defendant, MERCURY INDEMNITY COMPANY OF AMERICA, and that Plaintiff, TAMPA BAY IMAGING, LLC A/A/O LEE ANGLIN take nothing by this action, and Defendant, MERCURY INDEMNITY COMPANY OF AMERICA go hence without day.
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