GABLES INSURANCE RECOVERY INC v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (2022)

District Court of Appeal of Florida, Third District.

GABLES INSURANCE RECOVERY, INC., a/a/o Alberto Galvez, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

No. 3D21-0009

Decided: May 04, 2022

Before FERNANDEZ, C.J., and SCALES and GORDO, JJ.

The Billbrough Firm, and G. Bart Billbrough, for appellant. deBeaubien, Simmons, Knight, Mantzaris & Neal, LLP, and Kenneth P. Hazouri (Orlando), for appellee.

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.”).

PER CURIAM.

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