18 Fla. L. Weekly Supp. 399b
Online Reference: FLWSUPP 1804MURR
Insurance — Personal injury protection — Lost wages — Insurer breached PIP policy and violated PIP statute by failing to reserve PIP benefits for payment of lost wages as requested by insured
MONICA MURRAY, Plaintiff, vs. LIBERTY MUTUAL FIRE INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 10-SC-5612. January 14, 2011. John E. Jordan, Judge.
ORDER ON PLAINTIFF’S AMENDED MOTION FOR SUMMARY JUDGMENT AND DEFENDANT’SMOTION FOR SUMMARY JUDGMENT
Following the hearing of January 7, 2011 on Plaintiff’s Amended Motion for Summary Judgment and Defendant’s Motion for Summary Judgment, IT IS ORDERD:
1. Plaintiff’s Amended Motion for Summary Judgment is GRANTED. Defendant’s Motion for Summary Judgment is DENIED.
2. The undisputed facts laid out by the parties in their respective Motions are accepted by the Court. In addition to various letters Plaintiff sent to the Defendant relating to the amount of loss wages the Plaintiff incurred as a result of her injuries from the February 12, 2010 motor vehicle accident, Plaintiff sent a letter dated April 12, 2010, through her attorneys, requesting that the Defendant reserve/hold $5,000.00 of Plaintiff’s PIP benefits for loss wages. Plaintiff wanted to make sure that the Defendant used her PIP to pay her loss wages.
3. The Court finds that the Defendant breached the insurance contract between Plaintiff MONICA MURRAY and violated the requirements of Section 627.736, Florida Statutes (2009) by inappropriately failing to reserve PIP benefits for Plaintiff’s loss wages, and therefore must pay the $2,700.00 in wages at 60%, or $1,620.00.
4. Defendant also must pay pre-judgment interest at the rate of 6% per annum or $72.90 as well as $5.54 in postage expense that Plaintiff incurred for the PIP demand letter that was done.
5. As a result of this ruling, the Plaintiff is entitled to an award of reasonable attorneys’ fees and costs to be paid by the Defendant, the amount of which shall be agreed to by the parties or if no agreement can be worked out, a hearing shall take place to determine the amount.
6. A judgment shall be entered against the Defendant for the above amounts. The Court reserves jurisdiction to assess the reasonable attorneys’ fees and costs that must be paid by Defendant to Plaintiff.
