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check mark DEMAND LETTER COMPLIANCE

Online Reference: FLWSUPP 2410BANO
RossAbramowitzInsurance -- Personal injury protection -- Demand letter -- Failure to include in demand letter amounts allegedly paid by insurer, but which medical provider denies having received, does not render demand letter deficient -- PIP statute does not require provider to calculate exact amount previously paid by insurer and amount due, and lack of accounting for prior payments did not prejudice insurer that made those payments by depriving it of opportunity to adjust claim for second time and avoid litigation

BRIAN ELIAS DCM, LLC a/a/o Ernold Banos, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 12-022281 COCE 50. December 8, 2016. Peter B. Skolnik, Judge. Counsel: Ross Abramowitz, Law Office of Ross Abramowitz, Fort Lauderdale, for Plaintiff. Alan Blose, Vernis & Bowling of Broward, P.A., Hollywood, for Defendant.

ORDER GRANTING PLAINTIFF'S MOTION FOR
SUMMARY JUDGMENT AND DENYING
DEFENDANT'S MOTION FOR SUMMARY
JUDGMENT RE: DEMAND LETTER COMPLIANCE

THIS CAUSE came before the Court for hearing on October 21, 2016 on Plaintiff's Motion for Summary Judgment on compliance with Florida Statutes § 627.736(10), and Defendant's Motion for Summary Judgement as to Invalid Pre-Suit Demand Letter. The Court, having reviewed the motions and entire Court file, read relevant legal authority; heard argument, and been sufficiently advised in the premises, finds as follows:

RossAbramowitz

check mark State Farm Jams PIP Case Dockets

State Farm Insurance, Florida's dominant auto insurance company, also has become the most aggressive defense litigator in county courts with its cases dominating court calendars.

Personal injury protection lawyers for policyholders claim State Farm's strategy amounts to harassment of medical providers assigned the right to sue for reimbursement and makes it financially untenable for some providers to pursue what they were owed.

Ross Abramowitz, a Fort Lauderdale PIP attorney, said he first noticed a change in State Farm legal tactics in 2012. Plaintiffs attorneys contend company attorneys rely on unnecessarily lengthy and intrusive depositions.

"It was about two years ago that it really started to affect county court dockets and clog them up," Abramowitz said.

check mark STAND­UP MRI OF MIAMI, Plaintiff, verses MERCURY INDEMNITY CO. OF FLORIDA

RossAbramowitzInsurance ­­ Personal injury protection ­­ Coverage ­­ Medical expenses ­­ By using confusing language providing for payment of 80% of reasonable expenses while also referencing “other payment guidelines in No Fault Law,” “any schedule and limitations under federal or state law for medical expenses,” and “various sources of information” to determine if medical expense is “reasonable,” insurer failed to satisfy requirement that election to use permissive statutory fee schedule be made in manner so that insured and medical providers would be aware of it

STAND­UP MRI OF MIAMI a/a/o Olga Quinones, Plaintiff, v. MERCURY INDEMNITY CO. OF FLORIDA, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 12­ 23011COCE (55). July 23, 2013. Sharon L. Zeller, Judge. Counsel: Ross Abramowitz, Shuster and Saben, LCC., Fort Lauderdale, for Plaintiff. Louis Shulman, Dutton Law Group, P.A., Tampa, for Defendant.

FINAL SUMMARY JUDGMENT IN FAVOR OF PLAINTIFF

THIS CAUSE having come before the court on Defendant's Motion for Final Summary Disposition or Summary Judgment and Plaintiff's Motion for Summary Judgment, and the Court having considered the Motions, reviewed the court file, relevant legal authorities, being apprised of the joint stipulation between the parties that permits a final judgment in favor of Plaintiff upon the granting of Summary Judgment in Plaintiff's favor and being otherwise fully advised in the premises, the court finds as follows:

This case involves competing interpretations of a PIP insurance policy. Plaintiff's interpretation would result in Defendant having to pay more on the medical bill submitted, and Defendant's interpretation would result in a finding that the lesser amount it paid complied with the policy.

check mark HALLANDALE BEACH ORTHOPEDICS, INC., Plaintiff, verses STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

RossAbramowitzInsurance ­­ Personal injury protection ­­ Affirmative defenses ­­ Motion to amend affirmative defenses by asserting new defense 19 months after initiation of PIP suit is denied where proposed amendment is untimely, pre­trial order has issued and mediation and arbitration have been completed

HALLANDALE BEACH ORTHOPEDICS, INC. A/A/O DAVID BENDAHAN, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 09 006259 COCE 53. March 7, 2011. Honorable Robert Lee, Judge. Counsel: Ross Abramowitz, Fort Lauderdale, for Plaintiff. Michael A. Rosenberg, Deerfield Beach, for Defendant.

ORDER ON DEFENDANT'S MOTION TO AMEND

AMENDED ANSWER AND AFFIRMATIVE DEFENSES

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The information contained in this website is provided for informational purposes only.  This website may contain information about The Injury Firm's past results, testimonials about the firm or a lawyer within the firm, and statements regarding the quality of The Injury Firm's work product. This information has not been reviewed or approved by The Florida Bar. Please be advised that: 1) the facts and circumstances of your case may differ from the matters for which results and testimonials have been provided: 2) Not all results of cases handled by the firm or its lawyers are provided and not all clients have given testimonials; and 3) The results and testimonials provided are not necessarily representative of results obtained by the firm or by its lawyers or of the experience of all clients or others within the firm or its lawyers. Every case is different, and each client’s case must be evaluated and handled on its own merits.

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