Volume 13

13 Fla. L. Weekly Supp. 511b

Insurance — Personal injury protection — Demand letter — Where demand letter stated that medical provider was claiming full amount of charges for date of service and did not specify that amount being claimed was only interest for late payment of bill, letter did not satisfy statutory requirement to include exact amount due — Final summary judgment entered in favor of insurer

13 Fla. L. Weekly Supp. 609b

Insurance — Personal injury protection — Demand letter — Insurer’s motion for summary judgment based on insured’s failure to furnish pre-suit demand letter to person designated by insurer to receive such notices is denied where question of material fact exists as to whether insured substantially complied with pre-suit requirement by sending demand letter to claims adjuster after adjuster failed to respond to insured’s repeated attempts to obtain name and address of designated demand letter recipient

13 Fla. L. Weekly Supp. 889c

Insurance — Personal injury protection — Demand letter — Sufficiency — Where demand letter sent by medical provider contained HCFA forms without specifying exact amount claimed, and letter failed to account for claims not yet overdue or amounts applied to deductible, reduced to reasonable charges or partially paid, letter failed to comply with statute — Summary judgment granted in favor of insurer

13 Fla. L. Weekly Supp. 608c

Insurance — Personal injury protection — Demand letter — Where medical provider who sent pre-suit demand letter subsequently reassigned cause of action to insured, and insured did not send separate demand letter prior to filing PIP action, summary judgment is granted in favor of insurer

13 Fla. L. Weekly Supp. 489a

Insurance — Personal injury protection — Demand letter — Where medical provider claimed that amount of interest paid by insurer was incorrect, demand letter which did not state specific amount of additional interest claimed to be due failed to comply with section 627.736(11)(b)(3)

13 Fla. L. Weekly Supp. 1040a

Insurance — Personal injury protection — Civil procedure — Whether billing ledger attached to 15-day demand letter pursuant to Florida Statutes, section 627.736(11) was legible created issues of fact that precluded summary judgment on that basis — Summary judgment must be affirmed under Tipsy Coachman rule since the billing ledger listed all treatment received by insured, not just treatment for which payment was sought as required by PIP statute — Summary judgment affirmed

13 Fla. L. Weekly Supp. 1085a

Insurance — Personal injury protection — Demand letter — Sufficiency — Presuit demand letter to which medical provider attached patient account ledger which failed to indicate with specificity which services had been reduced or denied did not comply with statutory requirements — Complaint dismissed without prejudice

13 Fla. L. Weekly Supp. 180a

Insurance — Personal injury protection — Demand letter — Where medical provider filed suit after effective date of statutory amendment requiring pre-suit demand letter but did not fulfill demand letter requirement, final summary judgment is entered in favor of insurer

13 Fla. L. Weekly Supp. 160a

Insurance — Personal injury protection — Explanation of benefits — Where, upon receipt of bill for cervical pillow, insurer sent EOB making timely request for invoice for pillow, and provider did not send invoice but instead filed suit, EOB tolled time for payment, and claim for pillow was not overdue at time suit was filed — No merit to argument that only way insurer could request invoice under section 627.736(6)(b) is if it requested all information listed in section, including sworn statement that services rendered were reasonable and necessary

13 Fla. L. Weekly Supp. 862a

Attorney’s fees — Insurance — Personal injury protection — Prevailing medical provider — Where insurer paid PIP claim in full on sixteenth day after service of demand letter but before suit was filed, medical provider was not entitled to attorney’s fees award, as provider did not obtain judgment or functional equivalent — Waiver — Insurer did not waive right to appeal trial court’s ruling on entitlement to fees by participating in bifurcated hearing on amount of fees — Fifteen-day pre-suit period for payment of claim after receipt of demand letter does not create cause of action for attorney’s fees if claim is not paid within fifteen days