15 Fla. L. Weekly Supp. 633c
Attorney’s fees — Insurance — Personal injury protection — Justiciable issues — Insurer’s obligation to provide PIP log on presuit request from assignee/medical provider — Insurer’s motion for fee award is denied — Case law determining insurer is not obligated to provide PIP log under certain statutory provisions did not address any obligation that might arise under other provisions
ERIC LAMPINSTEIN, D.C. (a/a/o Laura Roca), Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 07-16427 COCE (53). March 25, 2008. Robert W. Lee, Judge. Counsel: Marc Finkelstein, Fort Lauderdale, for Plaintiff. Juan C. Montes, Hialeah, for Defendant.
ORDER DENYING DEFENDANT’S MOTION OR 57.105 ATTORNEY’S FEES
THIS CAUSE came before the Court for consideration of the Defendant’s Motion for 57.105 Attorney’s Fees, and the Court’s having reviewed the Motion, the entire Court file, and the relevant legal authorities; having made a thorough review of the matters filed of record; and having been sufficiently advised in the premises, the Court finds as follows:
The Motion is DENIED. The Defendant seeks fees for the failure of the Plaintiff to dismiss its count relating to the insurer’s obligation to provide a PIP log pre-suit. While appellate case law has determined that an insurer is not obligated to provide a PIP log under certain statutory provisions, this case law did not address any obligation that might arise under different statutory provisions. See Atrium Chiropractic Center, Inc. v. United Automobile Ins. Co., 15 Fla. L. Weekly Supp. 280 (Miami-Dade Cty. 2007); All Care Health & Wellness Centers, P.A. v. State Farm Mutual Automobile Ins. Co., 15 Fla. L. Weekly Supp. 179 (Miami-Dade Cty. 2007); Dade Injury Rehabilitation Center v. United Automobile Ins. Co., 14 Fla. L. Weekly Supp. 1144 (Miami-Dade Cty. 2007); Advanced Chiropractic & Rehabilitation Center v. United Automobile Ins. Co., 14 Fla. L. Weekly Supp. 1059 (Miami-Dade Cty. 2007).
