GABLES INSURANCE RECOVERY, INC., A/A/O ALBERTO GALVEZ
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
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Written notice of intent to initiate litigation for PIP benefits under Florida law cannot be sent until the claim is overdue, and failure to comply with this statutory requirement is a substantive precondition to bringing a cause of action.
[1] Under Fla. …
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Join FLexlaw to unlock all legal intelligence“The statutory requirements surrounding a demand letter are significant, substantive preconditions to bringing a cause of action for PIP benefits.”
Citation to MRI Assoc. of Am., LLC v. State Farm Fire & Cas. Co., explaining the importance of complying with statutory notice requirements
Gables Insurance Recovery, on behalf of Alberto Galvez, sent a pre-suit demand letter to State Farm seeking PIP benefits. The demand letter was sent b…
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PER CURIAM.
Affirmed. See § 627.736(10)(a), Fla. Stat. (“As a condition precedent to filing any action for benefits under this section, written notice of an intent to initiate litigation must be provided to the insurer. Such notice may not be sent until the claim is overdue . . .”) (emphasis added); MRI Assoc. of Am., LLC v. State Farm Fire & Cas. Co., 61 So. 3d 462, 465 (Fla. 4th DCA 2011) (“[W]e agree with the [lower] court that the pre-suit demand letter was sent prematurely because payment was not overdue . . . . The statutory requirements surrounding a demand letter are significant, substantive preconditions to bringing a cause of action for PIP benefits.”).
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- MRI Assocs. OF Am. v. State Farm Fire & Cas. Co., 61 So. 3d 462 (Fla. 4th DCA 2011)