25 Fla. L. Weekly Supp. 193a
Online Reference: FLWSUPP 2502AVILInsurance — Summary judgment granted in favor of provider in action in which insurer’s sole affirmative defense was alleged material misrepresentation that named insured failed to list household member on application — Evidence reflected that defendant’s agent had constructive knowledge of the undisclosed household member
MURPHY MEDICAL CENTER, INC., (a/a/o Maria A. Avila), Plaintiff, v. VICTORIA SELECT INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No.15-CC-040027. April 10, 2017.Order Granting Attorney’s Fees and Costs. June 12, 2017. Michael S. Williams, Judge.
FINAL SUMMARY JUDGMENT
THIS MATTER having come before the court on March 29, 2017 on Plaintiff’s Motion for Final Summary Judgment and Defendant’s Motion for Summary Judgment. The court having considered both parties’ Motions, the arguments presented by the parties, applicable law, and being otherwise fully advised, finds,
1. Defendant’s sole affirmative defense was an alleged material misrepresentation that the named insured failed to list a household member on the insurance application.
2. The evidence presented reflected that Defendant’s agent had constructive knowledge of the undisclosed household member, Maria Avila, being in the household. As such, there was no proof that a material misrepresentation had occurred.
3. As such, Plaintiff’s Motion for Final Summary Judgment is HEREBY GRANTED.
4. Defendant’s Motion for Summary Judgment is HEREBY DENIED.
5. Plaintiff’s unpaid medical bills totaled $9,758.62. 80% of said total equals $7,806.80. Plaintiff is entitled to the sum of $7,806.80, that shall bear interest at the rate of 4.75% a year, for which let execution issue.
6. The court reserves jurisdiction over Plaintiff’s entitlement to attorney’s fees and costs.
__________________ORDER GRANTING ATTORNEY’S AND COSTS
THIS MATTER having come before the court on Plaintiff’s Motion for Attorney’s Fees and Costs. The court finds,
1. This is a case involving Plaintiff’s claim for Personal Injury Protection (PIP) benefits.
2. Defendant’s sole affirmative defense was an alleged material misrepresentation that the named insured failed to list a household member on the insurance application.
3. This court granted a Final Summary Judgment in favor of Plaintiff on April 10, 2017.
4. Plaintiff thereafter timely filed a Motion for Attorney’s Fees and Costs.
5. Reasonable Attorney Time and Hourly Rate
The parties agree that Plaintiff’s counsel, Timothy A. Patrick, Esquire, expended 73 hours in the prosecution of this case. The court finds that 73 hours are deemed reasonable and necessary to achieve the result obtained.
The parties agree that $500.00 per hour is a reasonable hourly rate for Timothy A. Patrick. Esquire, based upon the requirements of Florida Statutes Section 627.736(8), as well as the requirements of Florida Rule of Professional Conduct 4-1.5(b)(1) and (2).
6. Plaintiff has incurred taxable costs in the amount of $1,000.00.
7. TOTAL AMOUNT — Based upon the foregoing, the total amount of attorney’s fees and costs is $37,500.00.
8. Said amount shall be timely paid to Plaintiff’s counsel within thirty (30) days of this order.
