The Fourth District Court of Appeals recently made a noteworthy ruling regarding the compliance thresholds of a pre-suit demand letter in the case of Chris Thompson, P.A. a/a/o Elmude Cadau v. Geico Indemnity Co., Nos. 4D21-1820 and 4D21-2310 (47 Fla. L. Weekly D 1588). The controversy involved an appeal by Chris Thompson, P.A. (Thompson) subsequent to a lower court ruling that contended Thompson’s demand letter was not statutorily adherent.
The Court held that Thompson’s demand letter failed to put Geico Indemnity Co. on correct notice of the exact sum it needed to pay in order to avert a lawsuit. The letter in question, according to the lower court, was imprecise concerning the amount claimed to be due for treatment of the insured, as necessitated by 627.736(10).
This ruling further illuminates the requisite precision entailed in the creation and delivery of a pre-suit demand letter, particularly when asserting the amount due for treatment of the insured. For legal professionals, particularly those handling personal injury cases and insurance-related litigations, this decision underscores the significance of precision in the drafting of such demand letters.
Legal professionals should be aware of these developments and take note – adhering to compliance standards is priority and careful drafting of demand letters is essential to avoid any legal loopholes.
For more detailed information about the ruling from the Fourth District Court of Appeals, visit the following link directly from the court: Chris Thompson, P.A. a/a/o Elmude Cadau v. Geico Indemnity Co.