Volume 12

12 Fla. L. Weekly Supp. 770b

Insurance — Personal injury protection — Demand letter — Presuit demand letter lacks specificity required by statute — Action is abated to allow medical provider to cure insufficiencies

12 Fla. L. Weekly Supp. 673b

Insurance — Personal injury protection — Demand letter — Document identified as demand letter with attached HCFA forms fails to comply with requirement to specify exact amount due as it does not account for amounts applied to deductible, amounts reduced to reasonable charges or any other partial payments made

12 Fla. L. Weekly Supp. 1072c

Insurance — Personal injury protection — Demand letter — Insured who failed to send demand letter before filing suit failed to satisfy condition precedent to filing suit, and deficiency was not cured by post-suit demand letter — No merit to claim that it was necessary to file suit prior to sending demand letter in order to toll statute of limitations where statute provides for tolling of statute of limitations for 15 business days from mailing of demand letter

12 Fla. L. Weekly Supp. 277b

Insurance — Personal injury protection — Appeals — Certiorari — Demand letter — Where order under review dispensed with statutorily mandated pre-suit procedure which cannot be effectively remedied on postjudgment appeal, appellate court has jurisdiction to review insurer’s petition for writ of certiorari — Correspondence which did not state that it was demand letter, did not provide name of medical provider who rendered treatment that formed basis of claim, and did not include itemized statement of medical services or lost wages did not meet requirements of demand letter — Complaint should have been dismissed, although general averment set forth in complaint stated that all conditions precedent had been performed

12 Fla. L. Weekly Supp. 368c

Insurance — Personal injury protection — Demand letter — Medical provider was not required to submit additional demand letters prior to seeking to amend complaint to allege additional reductions taken on same CPT codes as sought in previous demand letter — Motion to amend granted

12 Fla. L. Weekly Supp. 664c

Insurance — Personal injury protection — Demand letter — Pre-suit demand letter with attached patient ledger showing twenty-three dates of service for treatment rendered by medical provider and explanation of benefits documents identifying seven dates of service for which insurer either reduced or refused to pay bills only placed insurer on notice as to claims for seven dates of service represented by EOBs — Partial summary judgment granted in favor of insurer as to all unpaid charges except those included in EOBs

12 Fla. L. Weekly Supp. 1172b

Insurance — Personal injury protection — Standing — Assignment — Demand letter served by insured who has assigned benefits to medical provider and has not obtained revocation of assignment is invalid and does not satisfy condition precedent to suit

12 Fla. L. Weekly Supp. 1172a

Insurance — Personal injury protection — Demand letter — Letter that conforms to statutory requirements for demand letter and puts insurer on notice of identity of medical provider claiming not to have been paid is sufficient irrespective of fact that letter was sent by provider’s billing agency

12 Fla. L. Weekly Supp. 769c

Insurance — Personal injury protection — Demand letter — Pre-suit demand letters sent by medical provider prior to reassigning benefits back to insured do not satisfy requirement that insured send demand letter before initiating suit — Where insured did send demand letter in regard to treatment by second medical provider and moved to amend complaint to add benefits owed to that provider, and insurer cannot be said to suffer prejudice from granting motion to amend, motion to amend is granted and partial summary judgment in favor of insurer is granted only as to unpaid benefits relating to original provider

12 Fla. L. Weekly Supp. 254b

Insurance — Personal injury protection — Demand letter from billing agency that did not possess valid assignment in its favor does not satisfy condition precedent to suit by medical provider/assignee