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Plaintiff must send a substantially correct demand.

Submitted by Sandra Rodrigue on 08 Mar, 2021

Palm Beach County’s Judge Bosso Pardo recently ruled for the Defendant finding that demand letters need not be perfect but must substantially comply with the exactness requirement of the PIP Statute. Even though the Plaintiff’s Complaint was for less than $100.00, Plaintiff’s PIP Demand letter alleged almost $3,000.00 as overdue.

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3rd DCA Rules upon specificity requirements in No-Fault Pre-suit demand letters

Submitted by William Foman on 05 Mar, 2021

The suit in this Miami-Dade County case involved and action for No-Fault benefits. Specifically, the Claimant/Plaintiff sought payment of transportation cost to and from medical appointments. Prior to filing suit, the Plaintiff issued a letter to the insurance carrier seeking reimbursement of mileage for 16 trips to and from a…

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Settlement Set-Off in Vicarious Liability Situations

Submitted by Bryan McLaughlin on 03 Mar, 2021

Oftentimes, defense counsel is retained to represent both a defendant driver and the owner of the vehicle who has been sued solely under a theory of vicarious liability. In these matters, it is not uncommon for a Plaintiff to serve either: 1) a Proposal for Settlement to only one of…

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