Arbitration & Mediation

Meaning of "Service" Versus "Receipt" Under Chapter 766 Arbitration Provision

By Christopher B. Hopkins, Esq.

The case of Columbia/JFK Medical Center Limited, etc. v. Sam and Matilda Sangounchitte will likely be an important case for medical negligence lawyers interested in the ongoing tug-of-war between plaintiffs' lawyers and hospital lawyers over whether hospitals can be blamed for (nominally-insured) physicians under different vicarious-liability type claims.

Dodging the larger issue in the case, we focus on the last three paragraphs. The Plaintiff (then claimant) during the statutory pre-suit process sent the required Notice of Intent and then, ninety-one days later, sent an offer to voluntarily arbitrate under sections 766.207 and 766.209. The rule says that the claimant must serve the arbitration request within 90 days of service of the Notice. Again, the Notice and request were mailed 91 days apart. Although it is not well-stated in the opinion, it appears that there was 90 days or less between the defendants' receipt of the Notice and receipt of the arbitration request.

The court pointed out that "service" means mail while "receipt" means... well, receipt. For those who harken back to the days of law school, this conjures the infamous mailbox rule (in the off-chance you know this concept by the name of "deposited acceptance rule" you must be a contracts professor, nerd or appellate lawyer).

Thus, according to the Fourth DCA, Chapter 766 voluntary arbitration requires 90 days or less between the mailing of the Notice and the statutory request for arbitration.

Full post as published by Florida Arbitration Law on March 13, 2008 (boomark / email).