27 Fla. L. Weekly Supp. 89a
Online Reference: FLWSUPP 2701ORTAInsurance — Personal injury protection — Demand letter — Where demand letter was served upon incorrect corporate designee, summary judgment is entered in favor of insurer
FLORIDA WELLNESS & REHAB PA a/a/o Edwardo Orta, Plaintiff, v. USAA GENERAL INDEMNITY COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, County Civil Division. Case No. 16-CC-7958, Division L. April 18, 2017. Michael S. Williams, Judge. Counsel: Todd Landau, for Plaintiff. Jesse Groves, Defendant.
[Affirmed. (13th Judicial Circuit, Case No. 17-CA-7941, February 25, 2019)]
ORDER ON DEFENDANT’S MOTION FOR SUMMARYJUDGMENT FOR INVALID DEMAND LETTER
THIS CAUSE came before the Court on April 11, 2017, concerning Defendant’s Motion for Summary Judgment regarding Plaintiff’s Invalid Demand Letter dated January 13, 2017. The Court having considered the motion, the record, and the arguments of counsel, and being otherwise advised in the premises,
ORDERED AND ADJUDGED, that the Defendant’s Motion for Summary Judgment is GRANTED. This Court finds that the demand letter in this matter was served upon the incorrect corporate designee. Accordingly, pursuant to Chambers Medical Group, Inc. v. Progressive Express Insurance Co., 14 Fla. L. Weekly Supp. 207a (13th Judicial Circuit Appellate 2006), the appropriate remedy is summary judgment.
