16 Fla. L. Weekly Supp. 103a
Insurance — Personal injury protection — No merit to argument that insurer was required to pay 10% penalty not just on benefits due, but on benefits plus interest
LUIS M. AZAN, M.D., P.A., a/a/o FERNANDO ECHAVARRIA, Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 07-CC-026031-J. November 10, 2008. Gaston J. Fernandez, Judge. Counsel: Timothy A. Patrick, for Plaintiff. Michael P. Liebgold, for Defendant.
ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE came before the Court for hearing on June 19, 2008 and October 22, 2008 upon Plaintiff’s Motion for Summary Judgment and the Court having been otherwise duly advised in the premises, it is hereupon, ORDERED AND ADJUDGED:
1. There are no questions of fact involved in this PIP suit. As Plaintiff’s Motion for Summary Judgment clearly states, in response to the Plaintiff’s PIP pre-suit demand, the Defendant PIP insurer paid the demanded benefits, postage, and interest. The Defendant also paid 10% penalty on the demanded/paid benefits amount.
2. The Plaintiff contends that the Defendant should have paid 10% penalty on the demanded/paid benefits plus interest together, i.e. penalty on interest as well.
3. Based upon the record and the arguments made by counsel, this Court disagrees and denies the Plaintiff’s Motion for Summary Judgment as a matter of law. No other issues of fact or law remain.
