Volume 17

17 Fla. L. Weekly Supp. 123b

Online Reference: FLWSUPP 1702QUIN

Insurance — Personal injury protection — Demand letter sent to wrong carrier — Medical provider’s request to abate lawsuit to allow it to re-submit demand letter sent to wrong carrier and PIP contact is granted

17 Fla. L. Weekly Supp. 716a

Online Reference: FLWSUPP 1708BRAM

Insurance — Personal injury protection — Demand letter — Sufficiency — Waiver — Where insurer stamped “Treated as Demand” on demand letter that contained inaccurate policy or claim number, wrote correct claim number on letter and sent medical provider letter stating that it had reviewed claim and demand letter and had decided to pay additional amount on claim, insurer waived defense of deficient demand letter

17 Fla. L. Weekly Supp. 1047a

Online Reference: FLWSUPP 1710DEME

Insurance — Personal injury protection — Demand letter — Sufficiency — Statutory requirement to provide copy of insurer’s notice withdrawing payment and itemized plan for future treatment in demand letter only applies where medical provider seeks to obtain authorization for future treatment despite insurer’s termination of benefits, not where provider only seeks payment for treatment already rendered

17 Fla. L. Weekly Supp. 38b

Online Reference: FLWSUPP 1701ARIA

Insurance — Personal injury protection — Demand letter — Medical provider failed to provide “itemized statement” required by PIP statute where provider attached to demand letter HCFA forms that included charges in excess of amount sought in letter, and neither letter nor HCFA forms identified which charges and dates of service provider contends were paid and which remained due and owing — Insurer’s motion for summary judgment is granted

17 Fla. L. Weekly Supp. 124b

Online Reference: FLWSUPP 1702PEDR

Insurance — Personal injury protection — Demand letter — Sufficiency

17 Fla. L. Weekly Supp. 327a

Online Reference: FLWSUPP 1705UBED

NOT FINAL VERSION OF OPINION
Subsequent Changes at 18 Fla. L. Weekly Supp. 32a

Insurance — Personal injury protection — Demand letter — Premature demand letter sent before claim was overdue failed to satisfy condition precedent to filing PIP suit — Deficiency could not be cured by sending second demand letter while suit was pending — Premature demand letter is deficiency that requires abatement or voluntary dismissal and refiling of action

17 Fla. L. Weekly Supp. 982b

Online Reference: FLWSUPP 1710ORTE

Insurance — Personal injury protection — Coverage — Medical expenses — Demand letter sent by assignee to insurer prior to insured’s revocation of assignment apprising insurer that litigation would ensue for non-payment of PIP benefits for treatment given to insured was sufficient to notify insurer of impending lawsuit for nonpayment of PIP benefits and to provide insurer with opportunity to settle case or pay benefits without incurring attorneys’ fees and costs — Error to grant summary judgment pfor insurer on insured’s complaint, filed after assignment was revoked and provider voluntarily dismissed its complaint, for failure to provide presuit notice required by statute

17 Fla. L. Weekly Supp. 741a

Online Reference: FLWSUPP 1709BUEN

Insurance — Personal injury protection — Error to grant insurer’s motion for summary judgment based upon provider’s failure to serve presuit demand letter, a condition precedent to filing of suit, where insurer did not move to dismiss initial complaint on this basis, provider subsequently served insurer with a demand letter, insurer refused to pay in response to the demand letter, provider filed amended complaint alleging compliance with condition precedent, and insurer did not raise demand letter issue in its motion to dismiss amended complaint or in its affirmative defenses to the amended complaint

17 Fla. L. Weekly Supp. 234a

Online Reference: FLWSUPP 168DEVOR

Insurance — Personal injury protection — Demand letter — Presuit demand letter that requests amount in excess of amount insurer is required to pay under PIP statute and Medicare Part B schedules is invalid — Failure to serve additional explanation of benefits when insurer pays additional amount in response to demand letter does not create cause of action for breach of contract or specific performance

17 Fla. L. Weekly Supp. 475a

Online Reference: FLWSUPP 1706GARC

Insurance — Personal injury protection — Where insurer determined to pay claim in full in response to demand letter, insurer was required to include $250 statutory penalty in its payment and make payment to attorney who submitted demand letter, not medical provider