22 Fla. L. Weekly Supp. 1094a
Online Reference: FLWSUPP 2209SOTOInsurance — Personal injury protection — Demand letter — Sufficiency — Where demand letter and complaint state different amounts due, demand letter fails to satisfy statutory condition precedent to suit — Motion to dismiss is granted
BAYVIEW MEDICAL & REHAB CENTER, INC., A Florida Corporation (assignee of Soto, Zoraida), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 13-CC-017535, Division I. Honorable Joelle Ann Ober, Judge. Counsel: Russel M. Lazega, Tampa, for Plaintiff. Steven T. Sock, Dutton Law Group, P.A., Tampa, for Defendant.
ORDER ON DEFENDANT’S AMENDEDMOTION TO DISMISS
THIS CAUSE having come before the Court upon Defendant’s Motion Amended Motion to Dismiss Plaintiff’s Complaint, and argument having been heard by this Court on June 9, 2014, having been fully advised in the premises, it is ORDERED AND ADJUDGED that:
1. Defendant’s Motion to Dismiss is GRANTED.
2. Plaintiff’s Complaint pleads $2,518.42 in Personal Injury Protection (“PIP”) benefits at issue.
3. Plaintiff served Defendant with a demand letter for $2,558.22.
4. Plaintiff provided Defendant with a more definite statement that the amount at issue was in fact $2,518.42.
5. The law in Hillsborough County is well established that the demand must be specific; where the demand and Complaint are for different amounts the demand fails to meet statutory condition precedent.
