Volume 12

12 Fla. L. Weekly Supp. 564b

Insurance — Personal injury protection — Demand letter — Sufficiency — Demand letter which contained itemized patient account ledger for all medical treatment rendered to insured did not state with specificity each amount, date of treatment, service or accommodation and type of benefits claimed to be due and, therefore, failed to comply with statute and satisfy condition precedent to suit — Summary judgment granted in favor of insurer

12 Fla. L. Weekly Supp. 162b

Insurance — Personal injury protection — Demand letter — Where medical provider failed to mark and tabulate CPT codes and charges on health insurance claim forms attached to demand letter so as to specify each exact amount at issue for each individual charge at issue and provide accurate total amount claimed to be due, claim forms were insufficient as itemized statement, and provider failed to comport with all material requirements of demand letter — Final summary judgment in favor of insurer granted

12 Fla. L. Weekly Supp. 957b

Insurance — Personal injury protection — Demand letter — Insured who had assigned rights to medical provider and did not revoke assignment prior to serving pre-suit demand letter did not have right or authority to serve letter

12 Fla. L. Weekly Supp. 151c

Insurance — Personal injury protection — Demand letter — Before medical provider can file amended complaint to include additional charges for unpaid PIP benefits for dates of service not mentioned in original complaint, provider must send demand letter for additional charges

12 Fla. L. Weekly Supp. 1072a

Insurance — Personal injury protection — Demand letter — Illegible demand letter and attached ledger do not constitute compliance with statutory pre-suit requirements

12 Fla. L. Weekly Supp. 556a

Insurance — Personal injury protection — Demand letter — Sufficiency — Where court cannot determine from review of form demand letter and attachments amount of check insurer could have written to absolve itself of liability, medical provider has failed to satisfy condition precedent to filing PIP suit — Complaint dismissed with prejudice

12 Fla. L. Weekly Supp. 80b

Insurance — Personal injury protection — Demand letter — Insurer’s nonpayment of medical provider’s charges prior to effective date of 2003 amendment to section 627.736(11), requiring presuit demand letter even when charges have been denied or reduced, vested in provider substantive right to file cause of action without necessity of filing presuit demand letter — Although 2003 amendment expressly provides for retroactive application, such application shall not be permitted where it impairs vested rights — Motion to dismiss denied

12 Fla. L. Weekly Supp. 1085a

Insurance — Personal injury protection — Demand letter — Where demand letter sent by counsel for medical provider/assignee indicated it was sent on behalf of insured, letter was sent to claims representative not designated by insurer to receive demand letters on its behalf, and letter had attached copies of HCFA forms but failed to identify exact amount due, letter did not satisfy statutory condition precedent of demand letter

12 Fla. L. Weekly Supp. 779b

Insurance — Personal injury protection — Demand letter — Sufficiency — Attachment of HCFA forms to pre-suit demand letter without identifying exact amount claimed to be overdue fails to satisfy requirements of section 627.736(11)

12 Fla. L. Weekly Supp. 488c

Insurance — Personal injury protection — Demand letter — Sufficiency — Demand letter pertaining only to medical services provided and unpaid prior to August 1, 2003, the effective date of amendments to section 627.736(11)(a), need not satisfy amendment’s requirement to state with specificity exact amount owed and types of benefits claimed to be due