26 Fla. L. Weekly Supp. 997a
Online Reference: FLWSUPP 2612DUFFInsurance — Personal injury protection — Demand letter — Medical provider failed to satisfy condition precedent to filing suit where it submitted letter demanding 80% of total charges and then sought 100% of charges after suit was filed
ROYAL PALM BEACH REHAB CORP a/a/o Bonnie Duff, Plaintiff(s), v. GEICO GENERAL INSURANCE COMPANY, Defendant(s). County Court, 15th Judicial Circuit in and for Palm Beach County. Case No. 502017SC017917XXXXMB RF. January 28, 2019. Sandra Bosso-Pardo, Judge. Counsel: Christina Kontogiannis, The Law Office of Jeffrey R. Hickman, West Palm Beach, for Defendant.
FINAL JUDGMENT FOR THE DEFENDANT
THIS CAUSE having come before the Court for hearing on January 18, 2019 on Defendant’s Motion for Final Summary Judgment, and the Court having reviewed the aforementioned motion, the relevant legal authority, having heard argument of counsel, and having been sufficiently advised in the premises, the Court finds as follows:
1. This is an action by the Plaintiff, Royal Palm Beach Rehab Corp, as assignee of Bonnie Duff to recover alleged overdue Personal Injury Protection (“PIP”) benefits from the Defendant, Geico General Insurance Company.
2. On July 13, 2017, the Defendant, Geico General Insurance Company, received a pre-suit demand letter from Plaintiff, dated July 10, 2017, requesting allegedly overdue PIP benefits under Florida Statute §627.736(10) for medical treatment and/or services rendered to Bonnie Duff as a result of alleged injuries she sustained in a motor vehicle accident on January 30, 2016.
3. The pre-suit demand letter requested PIP benefits in the amount of $832.00 (80% of the total bill of $1,040) minus the amount of $633.19 that was previously paid for dates of service of April 4, 2016 through October 14, 2016.
4. On April 20, 2018, Plaintiff filed its Motion for Summary Judgment regarding billed amount, requesting that Defendant be required to pay 100% of any billed amount codes.
5. In response to Plaintiff’s Motion for Summary Judgment, Defendant filed its Motion for Final Summary Judgment as to the Plaintiff’s Pre-suit Demand letter.
6. At the January 18, 2019 hearing, the Defendant argued that the Plaintiff failed to meet a necessary condition precedent to filing suit when it submitted a pre-suit demand letter demanding 80% of the total charges and then after suit was filed, seeking 100%. Plaintiff argued that it met the necessary conditions precedent pursuant to Florida Statute §627.736(10).
7. The Court found that pursuant to Florida Statute §627.736 (10) and MRI Associates of America, LLC (a/a/o Ebba Register) v. State Farm Fire and Casualty Company, 61 So.3d 462 (Fla. 4th DCA 2011) [36 Fla. L. Weekly D960b], “that the ‘demand letter’ requirements of Florida Statute, 627.736(10) must be strictly adhered to and the failure to do so does not satisfy the demand letter condition precedent set forth in the Statute”.
8. As Plaintiff failed to demand the correct amount sought, Plaintiff failed to put Defendant on notice of the correct amount to pay to avoid suit being filed.
9. Plaintiff’s Motion for Summary Judgment regarding the Billed Amount is moot at this time.
10. IT IS HEREBY ORDERED AND ADJUDGED that the Court hereby grants Defendant’s Motion for Final Summary Judgment. Plaintiff shall take nothing by this action and the Defendant, Geico General Insurance Company, shall go hence without a day. The Court retains jurisdiction for the purpose of determining any motion by the Defendant to tax fees and cost.
