7 Fla. L. Weekly Supp. 297a
Insurance — Personal injury protection — Attorney’s fees — Interest — Where defendant insurer agreed in writing to pay plaintiff’s attorney’s fees and delivered payment more than 20 days after making such agreement, plaintiff’s counsel entitled to statutory 12% interest on settlement proceeds from date defendant agreed in writing to pay attorney’s fees to date of delivery of attorney fees check — Attorney’s fees awarded for preparation of motion to tax additional attorney fees based on 1.5 hours expended and $200 per hour — Requested hourly rate falls within range of fees charged within community for similar difficult and complex work as relates to specific issues in case
EUGENE MASSARO, Plaintiff, vs. AMERICAN INTERNATIONAL INSURANCE COMPANY, Defendant. County Court, 20th Judicial Circuit in and for Collier County. Case No. 98-439-CC-ECT. January 5, 2000. Eugene C. Turner, Judge. Counsel: K. Jack Breiden, Breiden & Associates, for Plaintiff. Ronald L. Buschbom, Conroy, Simberg & Ganon, P.A., for Defendant.
ORDER
THIS CAUSE came on before the Court on Plaintiff’s Motion to Tax Additional Attorney Fees, Paralegal Fees and Penalty Interest. The Court having heard argument of counsel and being otherwise fully advised in the premises, it is
ORDERED AND ADJUDGED as follows:
FINDINGS OF FACTS AND CONCLUSIONS OF LAW
1. This was an action for Personal Injury Protection (PIP) benefits under an insurance policy between the parties and Florida Statute §627.736.
2. On May 19th, 1999, Defendant offered to resolve the claim for payment of $3,500.00 plus costs and attorney fees.
3. On August 6th, 1999, after numerous calls by Plaintiff’s attorney and/or attorney’s paralegal, Defendant tendered payment to Plaintiff. Thereafter, Plaintiff’s attorney submitted attorney fee billing and cost statements to Defendant.
4. A hearing on Plaintiff’s Motion for Attorney Fees was scheduled for October 19th, 1999.
5. By letter dated October 14th, 1999, Defendant agreed to pay $2,985.93 to Breiden & Associates as attorney fees plus $135.50 for costs and $1,399.13 to Pinter & Shapiro as attorney fees.
6. On October 26th and 29th, 1999, the Plaintiff’s law firm contacted the Defendant inquiring about payment pursuant to the aforementioned written agreement.
7. On November 19th, 1999, Plaintiff’s counsel filed the instant motion; the motion was set for hearing December 13th, 1999.
8. Following the filing of the instant motion, Plaintiff’s office continued to contact Defendant’s counsel regarding the Defendant’s payment of attorney fees on numerous occasions. Finally, on December 7th, 1999 (less than a week before the scheduled hearing and 54 days after Defendant agreed in writing to pay fees set forth in paragraph 5), Defendant delivered a check to Breiden & Associates for $3,121.43. No check was delivered to attorney Marc L. Shapiro.
9. On December 10th, 1999 (one working day before the scheduled hearing and 57 days after Defendant agreed in writing to pay fees set forth in paragraph 5), Defendant had a check delivered to attorney Marc L. Shapiro for $1,399.13.
10. The delivery of the Defendant’s payment for attorney fees not only didn’t include statutory 12% interest penalties pursuant to F.S. §627.4265, the tender came at a time that made cancellation of the scheduled hearing impractical.
11. Counsel for the Plaintiff has requested additional attorney fees for preparation of the Motion to Tax Additional Attorney Fees, Paralegal Fees and Penalty Interest and his attendance at the scheduled hearing. The Court has been provided with an affidavit of attorney fees of Plaintiff’s counsel reflecting telephone contact, preparation of the Motion to Compel and attendance at the hearing. Counsel for Defendant did not attend the hearing although the file reflects proper notice.
12. Florida Statute 627.4265 clearly requires 12% interest of settlement proceeds if the insured does not tender settlement amounts within twenty (20) days of a written settlement. See Mushinski v. Allstate, 6 Fla. L. Weekly Supp 443 (Fla. Cty Ct. Collier County 4/13/99 Judge Eugene C. Turner). The Defendant thereby owes penalty interest of 12% from October 14th, 1999 to the date of delivery of the attorney fees checks (Mr. Breiden’s fees of $2,985.93 for 54 days, for a total of $53.01; Mr. Shapiro’s fees of $1,399.13 for 57 days, for a total of $26.22).
13. The Court finds reasonable attorney fees for preparation of the Motion to Tax Additional Attorney Fees, Paralegal Fees and Penalty Interest and attendance at the hearing to be 1.5 hours. The Court finds Mr. Breiden’s requested hourly rate of $200.00 per hour to be well within the range of fees charged within the community for similar difficult and complex work as relates to specific issues in this case. See McNally v. Allstate, 6 Fla. L. Weekly Supp. 102b (Fla. Cty. Ct., Collier County 10/16/98 Judge Lawrence D. Martin). If Defendant wishes to contest this award, it shall schedule an evidentiary hearing at which time the Court may consider additional fees.
Based upon the above, the Court finds and it is
ORDERED AND ADJUDGED that the Plaintiff receive the following sums:
A. Interest is awarded in the total amount of $79.23 ($53.01 plus $26.22);
B. Attorney fees is awarded to Breiden and Associates in the amount of $300.00.
FOR WHICH LET EXECUTION ISSUE.
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