5 Fla. L. Weekly Supp. 100a
Insurance — Personal injury protection — Coverage — Loss of income as a result of time spent by PIP claimant seeking medical care is compensable under PIP coverage of insurance policy issued by insurer — Motion for attorney’s fees granted
STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Appellant, v. WILLIAM RUTGER, Appellee. 6th Judicial Circuit in and for Pinellas County, Appellate Division. Case No. 97-3227-88A. October 13, 1997. Bob Barker, Judge. Appeal from Non-final Order County Court, Civil Division, Pinellas County, The Honorable William B. Blackwood, Jr. Counsel: David J. Lonigro, Oxendine and Oxendine, P.A., Tampa, for Appellant. James J. Dowling, Law Offices of Berger and Dowling, Palm Harbor, for Appellee.
ORDER AND OPINION
THIS CAUSE came before the Court on the Appellant’s appeal of a County Court, Civil Division, Pinellas County, non-final order granting partial summary judgment.
Upon review of the briefs of counsel and the Record on Appeal, the Court finds the issue on appeal is whether loss of income as a result of time spent by a PIP claimant seeking medical care is compensable under the PIP coverage of the insurance policy issued by the Appellant? The trial court found that it was, and this Court agrees. The Appellee filed a motion for attorney’s fees for this appeal that should be granted. Accordingly, it is
ORDERED AND ADJUDGED that the partial summary judgment is affirmed. Appellee’s Motion for Attorney’s Fees is granted, and the trial court shall determine the amount of a reasonable attorney’s fee for the Appellee.
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