Volume 11

11 Fla. L. Weekly Supp. 446a

Insurance — Personal injury protection — Conditions precedent — Demand letter — Correspondence from plaintiff to insurer that failed to state plaintiff was serving demand letter under section 627.736(11) and which was not served upon person specified by insurer for receiving service of notices under statute did not satisfy statutory condition precedent — Attempt to serve demand letter after suit was filed was ineffectual, but correspondence still constitutes valid demand letter to which insurer has fifteen days to respond — Complaint dismissed without prejudice

11 Fla. L. Weekly Supp. 575a

Insurance — Personal injury protection — PIP action stayed pending compliance of provider/assignee with requirement to send demand letter to insurer

11 Fla. L. Weekly Supp. 929b

Insurance — Personal injury protection — Premature suit — Where insurer sent explanation of benefits requesting further information on charges and additional documentation, and medical provider did not produce requested information and documentation but served pre-suit demand letter and request to escrow, demand letter and request to escrow do not meet requirement to timely respond to request for information so as to allow filing of suit — Summary judgment granted in favor of insurer

11 Fla. L. Weekly Supp. 1087a

Insurance — Personal injury protection — Standing — Assignment — Where assignment was executed after suit was filed, medical provider lacked standing when suit was filed — Standing via amended complaint does not relate back to filing of suit — Demand letter — Amended complaint identifying second accident and claim number is separate cause of action which requires demand letter and, in absence of demand letter, provider has not obtained standing or met conditions precedent to suit — Amended complaint dismissed with prejudice

11 Fla. L. Weekly Supp. 1027a

Insurance — Personal injury protection — Presuit demand letter which was incorrectly addressed to an address other than that specified by the insurer for the purposes of receiving notices under PIP law did not satisfy condition precedent to suit — Appropriate disposition is to abate case so that plaintiff can attempt to correctly comply with statutory presuit requirements

11 Fla. L. Weekly Supp. 831b

Insurance — Personal injury protection — Demand letter — Where demand letter was addressed to wrong insurer at incorrect address, condition precedent to filing suit was not met — Second demand letter that met statutory requirements does not cure failure to satisfy condition precedent as it was not sent prior to filing suit

11 Fla. L. Weekly Supp. 336a

Insurance — Personal injury protection — Demand letter — Plaintiff was not required to submit demand letter as condition precedent to filing suit where insurer affirmatively denied or reduced medical bills

11 Fla. L. Weekly Supp. 48b

Insurance — Personal injury protection — Provider/assignee which brought suit against insurer failed to submit written notice of intent to initiate litigation or demand letter to insurer, as required by statute — Insurer’s motion for summary judgment granted

11 Fla. L. Weekly Supp. 361a

Insurance — Personal injury protection — Provider’s action against insurer for overdue benefits — As condition precedent to filing action for overdue claim, claimant must serve demand letter upon insurer — Explanation of benefits stating that bills were under review not tantamount to a statement that claim had been denied or reduced which would excuse claimant from presuit notice requirement — Plaintiff in instant case was obligated to file seven-day notice prior to filing suit — Defendant’s motion for summary judgment granted

11 Fla. L. Weekly Supp. 1006a

Insurance — Personal injury protection — Provider failed to comply with conditions precedent to suit where assignment of benefits was not attached to demand letter, and demand letter was sent to the wrong person — Requirement that demand letter be filed prior to suit cannot be circumvented by filing proper demand letter after suit was filed