Volume 25

Online Reference: FLWSUPP 2503CAMBInsurance — Personal injury protection — Request for information or documentation — Where medical provider failed to respond to insurer’s pre-suit request for written report of insured’s condition, provider’s claim was not overdue at time demand letter was sent and condition precedent to suit was not satisfied

25 Fla. L. Weekly Supp. 73a

Online Reference: FLWSUPP 2501OJEDInsurance — Personal injury protection — Discovery — Depositions — Where deposition testimony of insurer’s litigation adjuster will have no bearing on issue of whether demand letter satisfied statutory condition precedent, and facts in adjuster’s affidavit authenticating claim file and demand letter are not currently in dispute, requested deposition of adjuster is unnecessary prior to hearing on motion for summary judgment based on invalid demand letter

25 Fla. L. Weekly Supp. 942b

Online Reference: FLWSUPP 2511JPERInsurance — Personal injury protection — Presuit demand — Insurer entitled to summary judgment as matter of law where provider failed to send statutorily compliant presuit demand letter — Demand letter which misstated amount of claim by failing to account for insurer’s partial payment did not satisfy requirements of statute

25 Fla. L. Weekly Supp. 178b

Online Reference: FLWSUPP 2502WOOLInsurance — Personal injury protection — Demand letter was sufficient to comply with statute — Demand letter was not required to account for policy deductible

25 Fla. L. Weekly Supp. 473a

Online Reference: FLWSUPP 2505GRASInsurance — Personal injury protection — Demand letter — Sufficiency — PIP statute does not require that demand letter account for prior payments made by insurer or to state exact amount owed by insurer — Duplicate billing for some CPT codes in demand letter does not render letter defective where insurer was fully aware that CPT codes were duplicates — Insurer waived any deficiencies in demand letter by failing to raise issue before suit was filed — Language in insurer’s response to demand letter that purports to reserve right to raise any defenses concerning validity of letter is mere boilerplate and did not place provider on notice of issue with demand letter with any specificity

25 Fla. L. Weekly Supp. 808a

Online Reference: FLWSUPP 2509WILSInsurance — Personal injury protection — Demand letter — Sufficiency — PIP statute does not require that demand letter state exact amount owed by insurer — Inclusion in demand letter of claim for one bill that insurer claims it did not receive does not render demand letter invalid

25 Fla. L. Weekly Supp. 756b

Online Reference: FLWSUPP 2508IVANInsurance — Personal injury protection — Demand letter — Defects — Failure to attach copy of insurer’s notice withdrawing payment or itemized statement of type, frequency, and duration of future treatment claimed to be reasonable and medically necessary

25 Fla. L. Weekly Supp. 976a

Online Reference: FLWSUPP 2511ROQUInsurance — Personal injury protection — Demand letter which stated the named insured, copy of assignment, claim number, policy number, dates of service, amount billed, and amount claimed to be due and to which the plaintiff attached a copy of medical provider’s itemized ledger substantially complied with requirements of statute — Statute does not require plaintiff to include prior payments made by defendant in presuit demand letter or include the exact amount owed

25 Fla. L. Weekly Supp. 137b

Online Reference: FLWSUPP 2502PENRInsurance — Personal injury protection — Demand letter — Trial court erred in entering summary judgment in favor of insurer on ground that demand letter was defective because the amount claimed to be due was greater than the amount shown on patient ledger — Factual issue existed as to whether provider wrote off and/or waived portion of account balance owed by insured and the relevance of such an adjustment

25 Fla. L. Weekly Supp. 970b

Online Reference: FLWSUPP 2511CLEMInsurance — Personal injury protection — Demand letter — Sufficiency — Demand letter did not strictly or substantially comply with requirements of PIP statute where letter stated that $914.40 was owed by insurer while the attached ledger stated that zero was owed by insurer, and where amount claimed to be owed did not account for deductible or application of statutory fee schedule — Insurer’s motion for summary judgment on insufficiency of demand letter is granted