10 Fla. L. Weekly Supp. 718a
Insurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Motion to strike insurer’s proposal for settlement inclusive of PIP benefits, interest, penalties, attorney’s fees, and costs is denied where proposal is not improper for failing to state amount attributable to attorney’s fees, and insurer is not precluded from recovering attorney’s fees
PHYSICAL THERAPY SERVICES (as assignee for Bonnie Spence), Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 02-10488 CC. Division B. June 25, 2003. Roberto A. Arias, Judge. Counsel: Roberts J. Bradford, Jr., Marks & Fleischer, P.A., Ft. Lauderdale, for Plaintiff. Glenn S. Banner, McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A., Jacksonville, for Defendant.
ORDER ON PLAINTIFF’S MOTION TO ENLARGE TIME TO RESPOND TO DEFENDANT’S PROPOSAL FOR SETTLEMENT AND/OR STRIKE
This matter having come before this Court on June 4, 2003 on Plaintiff’s Motion to Enlarge Time to Respond to Defendant’s Proposal for Settlement and/or Strike, the Court having reviewed the file, having heard argument of counsel and being fully advised in the premises, it is
ORDERED and ADJUDGED as follows:
1. Physical Therapy Services (“Plaintiff”) as assignee of Progressive’s insured brought an action for unpaid PIP benefits on August 23, 2002.
2. On March 19, 2003, Progressive (“Defendant”) served a Proposal for Settlement for $100.00 inclusive of PIP benefits, attorney’s fees, costs and interest on Plaintiff.
3. On April 1, 2003, the Plaintiff served their Motion to Enlarge Time to Respond to Defendant’s Proposal for Settlement and/or Strike on Defendant.
4. In its Motion, the Plaintiff argued that a nominal Proposal for Settlement inclusive of PIP benefits, interest, penalties, attorney’s fees and costs was improper under Florida Rule of Civil Procedure 1.442 and Florida Statute § 768.79.
5. The Defendant argued that a Proposal for Settlement for one hundred dollars (“$100.00”) inclusive of PIP benefits, interest, penalties, attorney’s fees and costs was proper under Florida Rule of Civil Procedure 1.442(c)(2)(f) and U.S. Security Ins. Co. v. Cahuasqui, 760 So. 2d 1101 (Fla. 3rd DCA 2000); Dunn v. State Farm Mutual Auto Ins. Co., 8 FLW [Fla. L. Weekly] Supp. 132a (6th Judicial Circuit (Appellate), Pinellas County, (October 27, 2000). The Defendant also argued that an insurance carrier is not precluded from recovering attorney’s fees in a PIP case. U.S. Security Ins. Co. v. Cahuasqui, 760 So. 2d 1101 (Fla. 3rd DCA 2000); Weesner v. United Service Automobile Ass’n, 711 So. 2d 1192 (Fla. 5th DCA 1998).
6. Plaintiff’s Motion to Enlarge Time to Respond to Defendant’s Proposal for Settlement and/or Strike is hereby DENIED.
7. Plaintiff shall have fifteen (“15”) days from the date of this hearing within which to accept or reject Defendant’s Proposal for Settlement.
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