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Volume 23

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INJURY CENTERS OF CENTRAL TAMPA, INC., a/a/o Dondrea Grace, Plaintiff, vs. WINDHAVEN INSURANCE COMPANY, Defendant.

24 Fla. L. Weekly Supp. 694a

Online Reference: FLWSUPP 2409GRACInsurance — Personal injury protection — Venue — Where insurer does not maintain office in Orange County, and cause of action accrued in Ohio where medical provider demanded that payment to be sent, venue is not proper in Orange County — Case to be transferred to county where insurer maintains office

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CENTRAL FLORIDA MEDICAL & CHIROPRACTIC CENTER, INC., d/b/a FLORIDA MRI CENTER, a/a/o TEDDY PEREZ, Plaintiff, vs. AUTO-OWNERS INSURANCE COMPANY, Defendant.

24 Fla. L. Weekly Supp. 153a

Online Reference: FLWSUPP 2402PEREInsurance — Personal injury protection — Conditions precedent — Demand letter — Where insurer sent response to demand letter stating that it will not consider providing any payment on bill, insurer waived 30-day period for payment after receipt of demand letter afforded by section 627.736(10(d), and medical provider was not required to wait out 30-day period before filing lawsuit

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FLORIDA DISC INSTITUTE, a/a/o Keitha Kernizan, Plaintiff, vs. TRAVELERS HOME AND MARINE INSURANCE COMPANY, Defendant.

24 Fla. L. Weekly Supp. 362a

Online Reference: FLWSUPP 2405KERNInsurance — Personal injury protection — Demand letter — Sufficiency — Demand letter seeking payment for treatment provided after insurer issued letter withdrawing payment for further treatment does not comply with statutory requirements where letter withdrawing payment for further treatment is not attached to demand letter and demand letter does not contain itemized statement of treatment

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BLUE COAST PROFESSIONAL MASSAGE, LLC, (a/a/o Andres Martinez), Appellant, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Appellee.

24 Fla. L. Weekly Supp. 671g

Online Reference: FLWSUPP 2409AMARInsurance — Personal injury protection — Coverage — Medical expenses — Trial court erred in granting summary judgment in favor of insurer based on provider’s failure to send demand letter to correct individual — Appropriate remedy is dismissal without prejudice or abatement, not granting summary judgment

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BRIAN ELIAS DCM, LLC a/a/o Ernold Banos, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

24 Fla. L. Weekly Supp. 882a

Online Reference: FLWSUPP 2410BANOInsurance — Personal injury protection — Demand letter — Failure to include in demand letter amounts allegedly paid by insurer, but which medical provider denies having received, does not render demand letter deficient — PIP statute does not require provider to calculate exact amount previously paid by insurer and amount due, and lack of accounting for prior payments did not prejudice insurer that made those payments by depriving it of opportunity to adjust claim for second time and avoid litigation

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