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

Third District Court of Appeal
State of Florida
Opinion filed May 4, 2022.
Not final until disposition of timely filed motion for rehearing.
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No. 3D21-0009
Lower Tribunal Nos. 17-417 AP, 12-20035 SP
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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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