Volume 18

18 Fla. L. Weekly Supp. 421a

Online Reference: FLWSUPP 1804AKIN

Insurance — Personal injury protection — Demand letter — Where insured did not own cause of action at time she submitted presuit demand letter, having assigned her rights and benefits to various medical providers, and demand letter is defective for indicating it is 15-day demand rather than 30-day demand and referencing incorrect statute, insured failed to satisfy condition precedent to filing suit

18 Fla. L. Weekly Supp. 1047a

Online Reference: FLWSUPP 1810SIMO

Insurance — Personal injury protection — Demand letter — Where demand letter erroneously included date of service and CPT code for treatment that was never rendered to insured, and medical provider did not issue revised demand letter when advised of error, provider has not satisfied condition precedent to filing suit — Insurer’s motion for final summary judgment is granted

18 Fla. L. Weekly Supp. 602a

Online Reference: FLWSUPP 1807NICK

Landlord-tenant — Eviction — Notice — Defects — Eviction complaint is dismissed where three-day notice is fatally defective

18 Fla. L. Weekly Supp. 312b

Online Reference: FLWSUPP 1803DOUG

Insurance — Personal injury protection — Demand letter — Where insurer failed to raise issue of noncompliance with pre-suit demand letter requirement as affirmative defense, insurer waived defense — No merit to claim that demand letter is defective for failing to attach copy of insurer’s notice withdrawing payment for further treatment where demand letter was not seeking payment for future treatment but for services already rendered — Moreover, insurer waived any deficiency in demand letter by failing to raise issue in response to letter or initial answer

18 Fla. L. Weekly Supp. 483b

Online Reference: FLWSUPP 1805FILI

Insurance — Personal injury protection — Demand letter — Issue of whether demand letter complies with PIP statute is not properly resolved on motion to dismiss where motion requests court to look outside four corners of complaint

18 Fla. L. Weekly Supp. 82b.

Online Reference: FLWSUPP 1801QUIN

Insurance — Personal injury protection — Demand letter — Where insurer does not dispute actually receiving demand letter, only whether it was sent to incorrect designee, medical provider substantially complied with demand letter requirement — Demand letter is not defective for including demand for reimbursement for one date of service for which insurer claims to have previously issued payment

18 Fla. L. Weekly Supp. 548a

Online Reference: FLWSUPP 1806PITC

Insurance — Personal injury protection — Demand letter — Sufficiency — Where claim forms attached to demand letter in lieu of itemized statement total to amount different from amount demanded in letter, demand letter is not sufficient to satisfy condition precedent — Insurer’s motion for final summary judgment is granted

18 Fla. L. Weekly Supp. 545c

Online Reference: FLWSUPP 1806VICT

Insurance — Personal injury protection — Demand letter — Sufficiency — Where demand letter and attached transaction journal included double billing for dates of service, claim for dates of service never billed to insurer and demand for 100% reimbursement rather than payment pursuant to Medicare fee schedule, letter failed to satisfy condition precedent to suit — Insurer’s response to demand letter by issuing payment and explanation of benefits did not waive defense of insufficient demand letter

18 Fla. L. Weekly Supp. 614b

Online Reference: FLWSUPP 1807FREE

Insurance — Personal injury protection — Demand letter — Claim for interest — PIP statute does not require service of demand letter prior to filing action for payment of interest only

18 Fla. L. Weekly Supp. 94a

Online Reference: FLWSUPP 1801CAVI

Insurance — Personal injury protection — Demand letter is not condition precedent to suit for interest only