Palm Beach County Court: PIP Demand Letter Requirements Must Be Strictly Adhered

May 16, 2012

On May 8, 2012, Palm Beach County Court Judge Sandra Bosso Pardo granted Final Judgment for State Farm in a claim for PIP benefits filed by Lake Worth Emergency Chiropractic Center, P.A.

Judge Bosso Pardo granted Defendant’s Motion for Final Summary Judgment, entering final judgment for the defendant, State Farm, upon finding that the pre-suit demand letter, required by Florida Statute 627.736(10) (2010), was insufficient in that it demanded payment for services that were never billed to State Farm.  Judge Bosso-Pardo found that the Plaintiff’s “withdrawing” the unbilled service after suit had commenced was insufficient to cure the defect and that the demand letter requirements under Florida Statute 627.736(10) must be strictly construed and adhered to by those seeking to initiate litigation against a Florida PIP insurer.

The full text of the Court’s ruling is available here.