27 Fla. L. Weekly Supp. 489a
Online Reference: FLWSUPP 2705MYRTInsurance — Personal injury protection — Demand letter — Where demand letter failed to account for payment of 80% of charges by insurer, which constituted full amount demanded in letter, and after filing suit medical provider sought 100% of charges, letter does not satisfy condition precedent
DAVID W. SHAW, D.C., P.A. a/a/o Emilie Myrtil, Plaintiff, v. GEICO GENERAL INSURANCE COMPANY, Defendant. County Court, 19th Judicial Circuit in and for St. Lucie County. Case No. 562018SC000568AXXXHC. June 24, 2019. Daryl Isenhower, Judge. Counsel: Manshi Shah, Law Office of Jeffrey R. Hickman, West Palm Beach, for Defendant.
ORDER ON DEFENDANT’S MOTION FOR FINAL SUMMARYDISPOSITION ON THE PRE-SUIT DEMAND LETTER
THIS CAUSE having come on to be heard on May 20, 2019, on Defendant’s Motion for Final Summary Judgment on the Pre-Suit Demand Letter, and the Court having reviewed the aforementioned motion, the relevant legal authority, heard argument of counsel, and been sufficiently advised on the premises, it is hereby ordered:
1. Defendant’s Motion for Final Summary Judgment on the Pre-Suit Demand Letter is granted.
2. The only bill submitted by the Plaintiff was for the date of service of January 24, 2017, for total amount of $205.00.
3. After reviewing the bill for date of service of January 24, 2017, for a total amount of $205.00, Defendant issued payment to Plaintiff for $164.00 on or about February 2, 2017.
4. On or about November 20, 2017, Defendant received a Pre-Suit Demand Letter dated November 17, 2017, from Plaintiff for the date of service of January 24, 2017. The Pre-Suit Demand requested Defendant to pay allegedly overdue PIP benefits for medical treatment and/or services, pursuant to section 627.736(10), Florida Statutes, rendered to Emilie Myrtil.
5. The Pre-Suit Demand Letter requested PIP benefits in the amount of $164.00 (80% of $205.00).
6. In the Pre-Suit Demand Letter, Plaintiff failed to give credit for the $164.00 previously paid by Defendant to Plaintiff for the January 24, 2017, date of service.
7. On March 30, 2018, Plaintiff served Defendant with a Complaint alleging overdue PIP benefits. Plaintiff’s Complaint failed to specifically state an alleged amount that was overdue.
8. On February 20, 2019, Defendant filed a Motion for Final Summary Judgment on the Pre-Suit Demand Letter.
9. At the May 20, 2019 hearing, the Defendant argued the Plaintiff failed to meet the 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 it met the necessary conditions precedent pursuant to section 627.736(10), Florida Statutes.
10. Pursuant 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] the ‘demand letter’ requirements of section 627.736(10), Florida Statutes, must be strictly adhered to, and the failure to do so does not satisfy the demand letter condition precedent set forth in the Statute.
11. Based on the foregoing, it is hereby
ORDERED AND ADJUDGED that Defendant’s Motion for Final Summary Judgment on the Pre-Suit Demand Letter is GRANTED. Plaintiff shall take nothing from this action, and Defendant shall go hence without day.
It is further ORDERED AND ADJUDGED that the Court reserves jurisdiction to determine Defendant’s entitlement to and amount of attorneys’ fees and costs.
