GABLES INSURANCE RECOVERY, INC., A/A/O ALBERTO GALVEZ v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

District Court of Appeal of Florida

GABLES INSURANCE RECOVERY, INC., A/A/O ALBERTO GALVEZ v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

District Court of Appeal of Florida·Decided May 4, 2022·No. 21-0009·Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed May 4, 2022.

Not final until disposition of timely filed motion for rehearing.

No. 3D21-0009

Lower Tribunal Nos. 17-417 AP, 12-20035 SP

Gables Insurance Recovery, Inc., a/a/o Alberto Galvez,

Appellant,

vs.

State Farm Mutual Automobile Insurance Company, Appellee.

An Appeal from the County Court for Miami-Dade County, Linda Singer Stein, Judge.

The Billbrough Firm, and G. Bart Billbrough, for appellant.

deBeaubien, Simmons, Knight, Mantzaris & Neal, LLP, and Kenneth P. Hazouri (Orlando), for appellee.

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

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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Third District Court of Appeal State of Florida

Opinion filed May 4, 2022.

Not final until disposition of timely filed motion for rehearing.

No. 3D21-0009

Lower Tribunal Nos. 17-417 AP, 12-20035 SP

Gables Insurance Recovery, Inc., a/a/o Alberto Galvez,

Appellant,

vs.

State Farm Mutual Automobile Insurance Company, Appellee.

An Appeal from the County Court for Miami-Dade County, Linda Singer Stein, Judge.

The Billbrough Firm, and G. Bart Billbrough, for appellant.

deBeaubien, Simmons, Knight, Mantzaris & Neal, LLP, and Kenneth P. Hazouri (Orlando), for appellee.

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

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.”).

GABLES INSURANCE RECOVERY, INC., A/A/O ALBERTO GALVEZ v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, (Fla. Ct. App. 2022).

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GABLES INSURANCE RECOVERY, INC., A/A/O ALBERTO GALVEZ v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (GABLES INSURANCE RECOVERY, INC., A/A/O ALBERTO GALVEZ v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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