Motion To Dismiss in Polk County

January 2025

Max Erd successfully argued another Motion to Dismiss in Polk County.

The Court agreed with Max Erd's argument that the use of Claimant attorney's email address as the "Claimant's Email Address" on a Notice of Intent to Initiate Litigation failed to comply with Fl. Stat. 627.70152(3).

While the statute contemplates that a representative of the Claimant may file the notice, the statute has in place steps to confirm that the Claimant has knowledge of the notice and that the carrier respond to the Claimant.

The Court found that the Claimant's own email address was required per the form, and a failure to include invalidated the Notice.

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