23 Fla. L. Weekly Supp. 759a
Online Reference: FLWSUPP 2307NAIKInsurance — Personal injury protection — Attorney’s fees — Claim or defense not supported by material facts or applicable law — Medical provider is entitled to award of attorney’s fees and costs where insurer filed and refused to withdraw motion for partial summary judgment that was not supported by application of then-existing law
VEERENDRA NAIK, Plaintiff, vs. TRAVELERS HOME AND MARINE INSURANCE COMPANY, INC., Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2011-CC-008952. September 4, 2015. Honorable Jeanette Dejuras Bigney, Judge. Counsel: Jennifer M. Andrews, Jeffrey M. Byrd, P.A., Orlando, for Plaintiff. Marci L. Matonis, Lukes Santaniello Petrillo & Jones, Orlando, for Defendant.
ORDER ON PLAINTIFF’S MOTION FOR SANCTIONSREGARDING DEFENDANT’S MOTION FORPARTIAL SUMMARY JUDGMENT
This cause came to be heard before the Court on Defendant’s Motion for Partial Summary Judgment and Plaintiff’s Motion for Sanctions regarding Defendant’s Motion for Partial Summary Judgment on July 23, 2015 at 3:00 p.m., and the Court having considered the pleadings and arguments presented, it is hereby
ORDERED AND ADJUDGED that
1. This lawsuit seeks Personal Injury Protection (“PIP”) benefits arising out of a motor vehicle accident that took place on September 10, 2008.
2. On March 5, 2015 the Defendant filed a Partial Motion for Summary Judgment arguing that portions of the Plaintiff’s claim regarding bills for dates of service between March 24, 2010 and August 17, 2010 are without merit.
3. The Defendant’s Motion fails to state that as of March 5, 2010, the Defendant had sent correspondence to undersigned counsel indicating that it would not pay any future medical bills due to suspension of benefits following a required PIP Independent Medical Examination (“IME”).
4. Accordingly, Defendant’s Motion for Summary Judgment is DENIED.
5. A Safe Harbor Notice was sent to counsel for the Defendant on April 17, 2015 and 21 days elapsed prior to filing Plaintiff’s Motion for Sanctions, pursuant to Fla. Stat. 57.105(4).
6. Plaintiff’s Motion for Sanctions is GRANTED as Defendant filed, and refused to withdraw, a motion that was not supported by the application of then-existing law.
7. According to Fla. Stat. 57.105(1), upon the court’s initiative or motion of any party, the court shall award a reasonable attorney’s fee, including prejudgment interest, to be paid to the prevailing party in equal amounts by the losing party and the losing party’s attorney on any claim or defense at any time during a civil proceeding or action which the court finds that the losing party or the losing party’s attorney knew or should have know that a claim or defense when initially represented to the court or at any time before trial would not be supported by the application of then exiting law to those material facts.
8. FURTHER, the Court GRANTS entitlement to attorney’s fees and costs pursuant to Fla. Stat. 57.105 and reserves jurisdiction as to the amount of fees and costs.
