Roig Lawyers Secures Summary Judgment

Stephen G. Mellor secured summary judgment for the defendant in the County Court of Broward County.

The Defendant’s Motion for Final Summary Judgment was granted because the Plaintiff’s pre-suit demand letter included a service (CPT 99215 for $300.00) which was not received during the claims handling process and prior to receipt of the pre-suit demand letter. The defendant insurer advised the Plaintiff of this issue before it filed suit and a new demand letter was not sent. Plaintiff filed suit and Defendant moved for summary judgment on the grounds that the Plaintiff failed to strictly adhere to the requirements of F.S. 627.736 (10) and did not seek or specify the exact amount due. The Court agreed and held the Plaintiff failed to meet a necessary condition precedent to suit and granted State Farm’s Motion for Final Summary Judgment.