26 Fla. L. Weekly Supp. 512b
Online Reference: FLWSUPP 2606JMARInsurance — Personal injury protection — Demand letter that demands ten times more than medical provider could ever hope to recover is invalid
CEGA STRESS & ESTHETIC CENTER, INC. a/a/o Julian Martinez, Plaintiff, v. MERCURY INSURANCE COMPANY OF FLORIDA, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 09-CC-15102, Division M. February 18, 2010 [Editor’s note: Case filed in 2010]. Paul L. Huey, Judge. Counsel: Neil Gonzalez, Brandon, for Plaintiff. Tara Zimmerman, Tampa, for Defendant.
ORDER GRANTING DEFENDANT’S MOTION FORSUMMARY JUDGMENT — INVALID PIP PRE-SUIT DEMAND
THIS MATTER having come on for hearing on January 4, 2010, on Defendant’s Motion for Summary Judgment — Invalid PIP Pre-Suit Demand, and the Court, after hearing the argument of counsel, reviewing the pleadings and record and researching applicable law, FINDS, ADJUDGES and DECREES:
1. That §627.736(10) requires a PIP plaintiff to serve a pre-suit demand letter conforming to its detailed provisions.
2. That there are many reported decisions on the provision, almost all of which require strict adherence to its requirements. See cases cited by Mercury Insurance in its Motion.
3. That the demand letter at issue here sought $106,007.66, ten times more than it could ever hope to recover. No case relied on by Plaintiff holds or even suggests that such a letter satisfies the statute.
WHEREFORE, Defendant’s Motion for Summary Judgment — Invalid Pre-Suit Demand is GRANTED. Counsel for State Farm is ordered to furnish the Court a Final Judgment consistent with this Order.
