20 Fla. L. Weekly Supp. 444b
Online Reference: FLWSUPP 2004FLORInsurance — Personal injury protection — Attorney’s fees awarded to insurer as sanction for delay in dismissing claims for late bills
AFFILIATED HEALTHCARE CENTER, INC, a/a/o ROBERTO FLORES, Plaintiffs, vs. UNITED AUTOMOBILE INSURANCE COMPANY, a Florida Corporation, Defendants. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 2009-4748-CC-26 (3). December 7, 2012. Michaelle Gonzalez Paulson, Judge. Counsel: Zachary Hicks, for Plaintiff. Thomas Hunker, Office of General Counsel, United Automobile Insurance Company, Miami Gardens, for Defendant.
ORDER GRANTING DEFENDANT’S MOTION FORREHEARING OF ORDER DENYINGDEFENDANT’S MOTION FOR SANCTIONS
THIS CAUSE came before the Court for hearing November 27, 2012 for consideration of Defendant, United Automobile Company’s Motion for Rehearing Order Denying Defendant’s Motion for Sanctions. The Court has considered said motion; reviewed the court file and all pleadings, heard argument of counsel, and considered argument of counsel on the original hearing scheduled 8/14/2012 and the Court being otherwise apprised in the premises enters the following ruling.
IT IS ORDERED AND ADJUDGED that Defendant, United Automobile Company’s Motion for Rehearing Order Denying Defendant’s Motion for Sanctions is GRANTED.
Respectfully, this Court finds that the Plaintiff was at the latest on notice by September 2011 that they needed to dismiss the claims for the late bills. Plaintiff did not withdraw the claims until it requested this Court reschedule the Defendants Motion for Summary Judgment on July 30, 2012. This Court rescheduled the MSJ for August 14, 2012. The Court agrees with the Defendant that the Ruling Denying Defendant’s Motion for Sanctions was erroneous based on State Farm Mut. Auto Ins. Co. v Lee, 678 So2d 818 (Fla. 1996) [21 Fla. L. Weekly S335a]; Coral Imaging Services v. Geico Indemnity Ins. Co., 955 So 2d 11 (Fla.3d DCA 2006) [31 Fla. L. Weekly D2478a]; FLA STAT § 57.105 (2012).
FURTHER, the Court GRANTS entitlement to attorney’s fees pursuant to 57.105 and reserves jurisdiction as to the amount of fees.
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