Volume 22

22 Fla. L. Weekly Supp. 361a

Online Reference: FLWSUPP 2203BORZInsurance — Personal injury protection — Demand letter — Sufficiency — Medical provider complied with requirements of section 627.736(10) by attaching itemized statement to demand letter — Insurer waived any deficiencies in demand letter by failing to object to letter before suit was filed

22 Fla. L. Weekly Supp. 359a

Online Reference: FLWSUPP 2203WRENInsurance — Personal injury protection — Demand letter — Sufficiency — Insurer waived any deficiencies in demand letter by failing to object to letter prior to filing of suit — PIP statute does not require that demand letter account for prior payments made by insurer or attempt to state exact amount owed by insurer — By attaching itemized statement to demand letter, medical provider complied with requirements of section 627.736(10)

22 Fla. L. Weekly Supp. 357a

Online Reference: FLWSUPP 2203AVENInsurance — Personal injury protection — Demand letter — Sufficiency — PIP statute does not require that demand letter account for prior payments made by insurer or attempt to state exact amount owed by insurer — By attaching itemized statement to demand letter, medical provider complied with requirements of section 627.736(10) — Compliant demand letter is not rendered non-compliant by provision of additional information that is mathematically inconsistent with itemized statement — Insurer waived any deficiencies in demand letter by failing to object to letter prior to filing of suit

22 Fla. L. Weekly Supp. 266b

Online Reference: FLWSUPP 2202BROWInsurance — Personal injury protection — Demand letter — Medical provider that attached itemized statement to demand letter satisfied condition precedent to filing suit — No merit to argument that provider was required to account for all prior payments made and calculate exact amount owed — Insurer that failed to take issue with demand letter with any specificity prior to litigation waived defense of defective demand letter

22 Fla. L. Weekly Supp. 265b

Online Reference: FLWSUPP 2202BEALInsurance — Personal injury protection — Demand letter that provided all information needed by insurer to adjust claim was not deficient — No merit to insurer’s objection that it should be able to determine exact amount due from demand letter — Insurer waived defense of defective demand letter by failing to raise any valid objection to letter prior to litigation

22 Fla. L. Weekly Supp. 465a

Online Reference: FLWSUPP 2204DGONInsurance — Personal injury protection — Demand letter — Where insurer sought summary judgment concerning defective demand letter that requested payment for services not rendered, and medical provider did not seek abatement of proceedings to correct demand letter until five months later on date of summary judgment hearing, granting motion for abatement would violate due process — Motion for summary judgment is granted

22 Fla. L. Weekly Supp. 932a

Online Reference: FLWSUPP 2208STURInsurance — Personal injury protection — When medical provider filed two notices of voluntary dismissal without prejudice, whether based on mistaken belief that case had been included in global settlement or otherwise, court was divested of jurisdiction and cannot grant motion to set aside order of dismissal

22 Fla. L. Weekly Supp. 455a

Online Reference: FLWSUPP 2204IRACInsurance — Personal injury protection — Demand letter — Sufficiency — Demand letter that included all information needed to evaluate claim was not rendered insufficient by failure to attach reverse side of assignment that contained signatures — Substantial compliance, not strict compliance, is proper standard for evaluating sufficiency of demand letter

22 Fla. L. Weekly Supp. 707b

Online Reference: FLWSUPP 2206MCCOInsurance — Personal injury protection — Demand letter — Failure to attach reverse side of assignment form that contained only assignor’s signature did not invalidate otherwise compliant demand letter

22 Fla. L. Weekly Supp. 849a

Online Reference: FLWSUPP 2207WOJEInsurance — Personal injury protection — Demand letter that failed to delineate CPT codes at issue, alleged billed amounts and dates of services that were incorrect and differed from entries on attached patient ledger, and failed to accurately account for payments by insurer does not satisfy condition precedent to PIP suit