6 Fla. L. Weekly Supp. 572a
Insurance — Personal injury protection — Under applicable law, assignees were prevailing parties and were entitled to attorney’s fees where payments were made to assignees after commencement of arbitration
KHALAF HEALTH CENTER, INC., as assignee of Anote Dastineot, Plaintiff, vs. SUPERIOR INSURANCE COMPANY, Defendant. County Court for Pinellas County, Civil Division. Case No. 98-6231-SC-46. KHALAF HEALTH CENTER, INC., as assignee of Teodoro Luciano, Plaintiff, vs. SUPERIOR INSURANCE COMPANY, Defendant. Case No. 98-6234-SC-46. KHALAF HEALTH CENTER, INC., as assignee of Willie Marks, Plaintiff, vs. SUPERIOR INSURANCE COMPANY, Defendant. Case No. 98-6238-SC-46. May 21, 1999. Henry J. Andringa, Judge. Counsel: Timothy A. Patrick, Tampa, for Plaintiffs. Rex E. Delcamp, St. Petersburg, for Defendants.
ORDER ON ATTORNEY’S FEES
These three cases are before the Court on Plaintiffs’ Motions for Attorney’s Fees and Costs. The three cases are factually similar and are consolidated for the purpose of this motion. The facts are as follows:
1. Each of Plaintiff’s assignors was injured in an automobile accident.
2. Each of the assignors treated with Plaintiff and assigned their personal injury protection benefits to Plaintiff.
3. On or about September 19, 1998, the attorney for Plaintiff sent a demand for arbitration to the Defendant, alleging the amount due in each of the three cases.
4. Defendant responded, on or about October 14, 1998, in letters to Plaintiff’s attorney stating that they would pay the amount stated in the arbitration demand letter and offering an amount of attorney’s fees. The amount to be paid was being forwarded under separate cover.
5. While awaiting receipt of the three tendered personal injury protection payouts, Plaintiff’s attorney filed these three cases, which can best be described as generic complaints for personal injury protection benefits.
6. The only issue remaining is whether Plaintiff is entitled to receive attorney’s fees under these circumstances.
Arbitration was commenced prior to October 1, 1998, thus invoking Florida Statute 627.736(5) as it existed prior to amendment. The Court rules that payment was made to Plaintiffs after commencement of arbitration, thus making Plaintiffs the prevailing party. The Plaintiffs are entitled to attorney’s fees in an amount to be determined at a later hearing.
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