16 Fla. L. Weekly Supp. 948b
Online Reference: FLWSUPP 1610DASO
Insurance — Personal injury protection — Conditions precedent — Mediation is not condition precedent to filing suit for PIP benefits — Prevailing medical provider is entitled to award of attorney’s fees
COMPLETE CHIROPRACTIC CENTERS, INC. a/a/o WILIAS DA SOUZA, Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. Circuit Court, 17th Judicial Circuit in and for Broward County. Case No. 08 CACE 18931 03. August 12, 2009. Patti Englander Henning, Judge. Counsel: Chad A. Barr, Eiffert & Associate, P.A., Orlando, for Plaintiff. Camille Riviere, United Automobile Insurance Company, Miami, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION FOR FINAL SUMMARY JUDGMENT AND ENTRY OF FINAL DECLARATORY JUDGMENT AND ORDER GRANTING PLAINTIFF’S ENTITLEMENT TO ATTORNEY’S FEES AND COSTS
THIS MATTER came before the Court on Plaintiff’s Motion for Final Summary Judgment and Request for Final Declaratory Judgment and Ore Tenus Motion to Determine Entitlement to Attorneys’ Fees and Costs, and, being considered by the Court and otherwise being fully advised of the premises; it is hereby ORDERED AND ADJUDGED that:
1. Plaintiff’s Motion for Final Summary Judgment is hereby GRANTED.
2. The Court hereby enters its Final Declaratory Judgment in this matter finding that the Plaintiff is not required to submit to pre-suit mediation pursuant to section 627.745 of the Florida Statutes, or the Defendant’s policy of insurance which mirrors the language of section 627.745 prior to filing suit for No-Fault benefits pursuant to section 627.736 of the Florida Statutes.
2. Section 627.745 of the Florida Statutes does not apply to a claim for No-Fault benefits.
3. Section 627.745 of the Florida Statutes is well-written and unambiguous and based on its plain and ordinary meaning, applies only to a claim for “personal injury in an amount of $10,000 or less or any claim for property damage in any amount.” §627.745, Stat. (2007).
4. The Court further GRANTS Plaintiff’s Ore Tenus Motion to Determine Entitlement to Attorneys’ Fees and Costs.
5. The Court finds that Plaintiff is entitled to a reasonable attorneys’ fee pursuant to section 627.428 of the Florida Statutes as a final judgment has hereby been entered in favor of an insured and against an insurer under a policy or contract executed by the insurer. See §627.428, Fla. Stat. (2009). The Court reserves jurisdiction to determine the reasonable amount thereof.
5. The Court further finds that the Plaintiff is entitled to an award of costs pursuant to section 57.041 of the Florida Statutes. §57.041, Fla. Stat. (2009).
6. The Plaintiff shall file an affidavit of attorneys’ fees and costs within the time set forth by the Florida Rules of Civil Procedure.
