22 Fla. L. Weekly Supp. 105a
Online Reference: FLWSUPP 2201BAIRInsurance — Personal injury protection — Complaint — Amendment — Demand letter — Insured is not required to submit additional demand letter prior to moving to amend complaint to include billing for additional dates of service denied by insurer
TAMUS BAIREN, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 16-2013-CC-008305, Division CC-P. June 10, 2014. Angela M. Cox, Judge. Counsel: David A. Salisbury II and D. Scott Craig, Law Office of D. Scott Craig, LLC, Jacksonville, for Plaintiff. Christina Williams, Jacksonville, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTIONTO AMEND COMPLAINT
This cause came before the Court on June 3, 2014, upon Plaintiff’s Motion to Amend Complaint. After having heard the argument of both counsel and being otherwise fully advised on the premises, it is ORDERED AND ADJUDGED:
1. On or about March 14, 2014, Plaintiff filed its Motion to Amend Complaint to include billing for additional treatment dates, which were denied by Defendant, as being unreasonable, unnecessary and/or unrelated to Plaintiff’s motor vehicle accident of September 14, 2012.
2. Defendant objected to Plaintiff’s Amended Complaint and argued that Plaintiff is required to submit an additional “demand letter” as required by Florida Statute §627.736(10), then move to Amend the Complaint after the demand period elapses.
3. Based on the unambiguous language of Florida Statute §627.736(10), Plaintiff is not required to submit an additional “demand letter” to Defendant, as a condition precedent to the filing of 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 are met, it is unnecessary to send further “demand letters”, and possibly, file separate lawsuits, when a plaintiff is simply amending the amount of damages in the complaint.
4. Defendant will not be prejudiced by the filing of Plaintiff’s Amended Complaint.
5. Plaintiff’s Motion to Amend Complaint is GRANTED.
6. Plaintiff’s second Amended Complaint is deemed filed as of the date of this Order. Defendant shall file an Answer to Plaintiff’s Amended Complaint within twenty (20) days of this Order.
