Volume 22

22 Fla. L. Weekly Supp. 65a

Online Reference: FLWSUPP 2111GARTInsurance — Personal injury protection — Demand letter — Demand letter that included amount which was not yet overdue did not strictly comply with PIP statute and failed to satisfy condition precedent to filing suit

22 Fla. L. Weekly Supp. 1094a

Online Reference: FLWSUPP 2209SOTOInsurance — Personal injury protection — Demand letter — Sufficiency — Where demand letter and complaint state different amounts due, demand letter fails to satisfy statutory condition precedent to suit — Motion to dismiss is granted

22 Fla. L. Weekly Supp. 101b

Online Reference: FLWSUPP 2201BRAYInsurance — 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. 708a

Online Reference: FLWSUPP 2206CAMEInsurance — Personal injury protection — Demand letter — Sufficiency — PIP statute does not require that demand letter calculate exact amount owed by insurer — By attaching itemized statement to demand letter, medical provider satisfied requirements of section 627.736(10) — Mathematical errors or inconsistencies relating to prior payments made by insurer does not void otherwise compliant demand letter

22 Fla. L. Weekly Supp. 734b

Online Reference: FLWSUPP 2206MERRInsurance — Personal injury protection — Demand letter — Defects — Abatement — Motion to abate PIP action to afford medical provider opportunity to cure defective demand letter is denied

22 Fla. L. Weekly Supp. 705a

Online Reference: FLWSUPP 2206TATUInsurance — Personal injury protection — Demand letter — Waiver — Upon determining that insured did not send demand letter to person or address specified by insurer for receipt of demand letters, court reconsiders and reverses finding that insurer waived demand letter defense by failing to respond to demand letter — Abatement — PIP case is abated to allow insured to issue valid demand letter — If insurer pays amount demanded, insured shall file voluntary dismissal and will not be entitled to attorney’s fees and costs

22 Fla. L. Weekly Supp. 130a

Online Reference: FLWSUPP 2201CHAVInsurance — Personal injury protection — Demand letter — PIP action is abated to allow service of compliant demand letter and response to letter

22 Fla. L. Weekly Supp. 105a

Online Reference: FLWSUPP 2201BAIRInsurance — Personal injury protection — Complaint — Amendment — Demand letter — Insured is not required to submit additional demand letter prior to moving to amend complaint to include billing for additional dates of service denied by insurer

22 Fla. L. Weekly Supp. 860a

Online Reference: FLWSUPP 2207TRIGInsurance — Personal injury protection — Deductible — Proper formula for payment of PIP claim requires that deductible be subtracted from total billing amount before statutory reductions are applied

22 Fla. L. Weekly Supp. 1111d

Online Reference: FLWSUPP 2209BLANInsurance — Personal injury protection — Coverage — Owner of vehicle for which security was required by law — Inoperable vehicle — Where documents demonstrate that claimant who was injured while passenger in vehicle owned by his father-in-law owned a registered and insured vehicle at time of accident, claimant’s vehicle required some repair work but was never in storage and was driveable, and claimant intended to repair and maintain vehicle for use, claimant’s vehicle was not inoperable — Summary judgment is entered in favor of insurer