Roig Lawyers Litigation Partner Wins Judgment for Defendant

December 10, 2014

Roig Lawyers partner, Stephen Mellor, successfully defended the firm’s client in the County Court in and for Broward County before the Honorable Jill Levy. The defendant’s motion for final summary judgment was granted as the plaintiff failed to adhere to the demand letter requirements as required under Florida Statute 627.736(10).

The plaintiff sought to recover alleged overdue No-Fault benefits from the Defendant for rendered medical treatment and/or services to the patient/insured for injuries received in an automobile accident.

Mellor successfully argued that the defendant insurer met its obligations under the PIP Statute and policy of insurance when it paid more than a reasonable amount to the Plaintiff for the alleged services rendered in this claim. The court ruled in favor of the defendant and found that the plaintiff’s demand letter failed to comply with Fla. Stat. 627.736(10) as it failed to delineate which specific CPT codes were at issue; that the alleged billed amount on the demand letter and the dates of service associated with that amount were different than that which was actually billed for those dates of service; the dates of service listed on the actual demand letter as being due and owing were different than those listed in the attached patient ledger; and that the Plaintiff failed to include the correct amount paid by the defendant insurer for these same dates of service.