26 Fla. L. Weekly Supp. 518a
Online Reference: FLWSUPP 2606LOZAInsurance — Personal injury protection — Demand letter — Validity — No merit to insurer’s contention that demand letter sent before medical provider had responded to insurer’s request for additional documentation of claim was premature where request for documentation was made more than 30 days after insurer’s receipt of provider’s bills — No merit to argument that bills failed to give notice of covered loss and trigger 30-day requirement to pay because they were not accompanied by supporting medical records — Argument that demand letter was deficient for failing to account for payments made by insurer fails where insurer failed to present evidence that provider received any payments before sending letter — Where insurer paid some of charges included in demand letter, provider was not required to send second demand letter before filing suit for those charges that were denied or reduced — No merit to argument that demand letter was invalid for being sent to wrong insurer and naming person previously named to receive demand letters rather than currently designated person where letter was sent to insurer’s umbrella company, which processes insurer’s demand letters, and there is no question that letter was actually received and timely responded to be insurer
