10 Fla. L. Weekly Supp. 566e
Insurance — Attorney’s fees — Justiciable issues — Insurer is awarded attorney’s fees where medical provider knew or should have known as of pre-trial conference that case was not supported by facts or law since bills at issue were applied to deductible
ADVANCED ORTHOPEDIC INSTITUTE, as assignee of JAY CATE, Plaintiff, v. SOUTHERN GROUP INDEMNITY, INC., Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 02-22156-SC. April 23, 2003. Gaston J. Fernandez, Judge. Counsel Gale L. Young, Gale L. Young, P.A., Tampa. Peter Aare.
ORDER ON DEFENDANT’S MOTION TO DETERMINE ENTITLEMENT TO ATTORNEY’S FEES
THIS CAUSE, having come on before this Court on March 27, 2003 on Defendant’s Motion to Determine Entitlement to Attorney’s Fees, and the Court having heard argument of counsel for the respective parties, and being otherwise duly advised in the premises, it is thereupon
ORDERED AND ADJUDGED that Defendant’s Motion is hereby GRANTED pursuant to Florida Statutes, Section 57.105. Asof the Pre-Trial Conference on October 22, 2002, Plaintiff knew, or should have known, that its case was not supported by the material facts necessary to establish its claim, nor was it supported by the application of the then existing law to those material facts, since all bills allegedly at issue were applied to the patient’s deductible. As a result, Plaintiff shall pay to Defendant, the attorney’s fees incurred during the defense of this cause. Counsel for Defendant shall file its affidavit of attorney’s fees within thirty (30) days of the date of this order.
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