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Florida Third DCA affirms summary judgment for defendant insurance company in PIP lawsuit, finding that the plaintiff’s pre-suit demand letter was statutorily deficient

On February 24, 2021, in Rivera v. State Farm Mutual Automobile Insurance Company, No. 3D21-27, the Florida Third DCA affirmed a county court’s final judgment for the defendant insurance company in a PIP case because the plaintiff’s pre-suit demand letter to the defendant required under Fla. Stat. § 627.736(10) did not meet the specificity requirements of the statute. The trial court had found that the demand letter was deficient because the plaintiff did not provide the address of a medical provider or any dates of service, identified an incorrect medical provider for the alleged services, and could not state with any degree of specificity how he came up with the amount of mileage reimbursement.

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