14 Fla. L. Weekly Supp. 1135b
Attorney’s fees — Insurance — Personal injury protection — Justiciable issues — Medical provider who knew or should have known it failed to submit bill to insurer prior to demand letter and that benefits were exhausted prior to suit
JEFFREY L. TEDDER, M.D., P.A., (Patient: James Harris), Plaintiff, vs. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County. Case No. 07-4142-SC. September 20, 2007. Myra Scott McNary, Judge. Counsel: Theodore J. Berman, Ellis, Ged, Dolman & Berman, P.A., Clearwater, for Plaintiff. David B. Kampf, Ramey & Kampf, P.A., Tampa, for Defendant. Christine Raub.
ORDER GRANTING DEFENDANT’S MOTION FOR SANCTIONS FOR REASONABLE ATTORNEYS’ FEES AND COSTS
THIS CAUSE, having come before the Court on Defendant’s Motion for Sanctions for Reasonable Attorneys’ Fees and Costs on August 20, 2007, and the Court having reviewed the file and being otherwise advised in the premises, it is:
ORDERED and ADJUDGED that:
Defendant’s Motion for Sanctions for Reasonable Attorneys’ Fees and Costs is hereby GRANTED as the Court found that Plaintiff knew or should have known that benefits had exhausted prior to suit being filed AND Plaintiff knew or should have known that they failed to submit a bill for payment to the insurance company at least 30 days prior to filing a pre-suit demand letter.
