18 Fla. L. Weekly Supp. 693a
Online Reference: FLWSUPP 1808REDD
Insurance — Personal injury protection — Sanctions — Attorney’s fees — Where benefits were exhausted after medical provider filed suit but insurer failed to notify its own counsel or provider’s counsel of exhaustion of benefits for seven months, and provider’s counsel would not have continued to attempt to prosecute case if insurer had advised of exhaustion of benefits, provider’s motion for sanctions of attorney’s fees and costs is granted
MEDICAL SPECIALISTS OF TAMPA BAY, LLC, DBA GULF COAST INJURY CENTER, a/a/o ARETHA REDDIN, Plaintiff, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant. County Court, 6th Judicial Circuit in and for Pasco County. Case No. 51-10-CC-938-WS-U. May 25, 2011. Honorable Candy Morris VanDercar, Judge. Counsel: Lawrence H. Liebling, Liebling & Liebling Attorneys and Counselors at Law, Safety Harbor, for Plaintiff. Wendy L. Pepper, Rissman, Barrett, Hurt, Donahue & McLain, P.A., Tampa, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION FOR SANCTIONS OF ATTORNEY’S FEES AND COSTS
THIS CAUSE, having come to be heard on April 28, 2011 upon Plaintiff’s Motion for Sanctions of Attorney’s Fees and Costs against Defendant United Services Automobile Association and the Court, after hearing argument of counsel and being otherwise fully advised in the premises, hereby FINDS as follows:
1. Plaintiff filed this action to recover Personal Injury Protection benefits as an assignee of USAA’s insured, Aretha Reddin. After filing suit, all Personal Injury Protection benefits available to Ms. Reddin for this loss exhausted on or about April 23, 2010.
2. USAA did not inform counsel for the Plaintiff of the benefits exhaustion until November 11, 2010.
3. Had USAA notified its counsel and/or counsel for the Plaintiff about the benefits exhaustion on or about April 23, 2010, Plaintiff’s counsel would not have performed the work in attempting to prosecute this matter, as was done during the period of time that USAA failed to notify anyone of the benefits exhaustion.
Based upon the foregoing findings, it is hereby ORDERED and ADJUDGED:
1. Plaintiff’s Motion for Sanctions of Attorney’s Fees and Costs is hereby GRANTED.
2. The Court finds that it has the inherent authority to award sanctions in this scenario.
3. The amount of the sanctions to be awarded to the Plaintiff, payable by USAA, shall be determined by the Court at a subsequent evidentiary hearing if the parties are unable to reach an agreement with respect to the amount.
4. Upon resolution of this sanction issue, Plaintiff will voluntarily dismiss this cause of action.
