7 Fla. L. Weekly Supp. 215a
Insurance — Personal injury protection — Attorney’s fees — Motion to strike offer of judgment served pursuant to section 768.79 denied — Action to recover PIP benefits, which clearly states that it is action for money damages, is included within scope of section 768.79, which covers all civil actions for damages — Section 627.736.(8), which incorporates attorney fee provision of section 627.428, does not conflict with section 768.79
JOAN FONTANA MORONI, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois Corporation authorized to do business in the State of Florida, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 98-17317-CC, Division “I”. December 16, 1999. Charlotte W. Anderson, Judge. Counsel: Mark Kelly, for Plaintiff. Karen A. Barnett, for Defendant.
ORDER DENYING PLAINTIFF’S MOTION TO STRIKE OFFER OF JUDGMENT
THIS CAUSE, came before this Court on December 9, 1999, on Plaintiff’s Motion to Strike the Defendant’s Offer of Judgment served pursuant to Florida Statutes, §768.79. The Court having heard argument of counsel, conducted independent legal research, reviewed the law and the pleadings, and being otherwise fully advised in the premises, hereby finds that:
1. By its very language, Florida Statutes, Section 768.79 covers all civil actions for damages. Oruga Corporation, Inc. v. AT&T Wireless of Florida, Inc., 712 So.2d 1141 (Fla. 3rd DCA 1998); Beck v. State Farm Fire & Casualty, Hillsborough Circuit Court — Appellate Case No: 93-4795 (Judge James D. Whittemore, presiding).
2. An action to recover PIP benefits is a civil action for damages; thus, it is included within the scope of §768.79.
3. The subject action is an action to recover PIP benefits and clearly states that it is an action for money damages.
4. This Court specifically finds that Florida Statutes, §627.736(8), which incorporates the attorney fee provision of Florida Statutes, §627.428, does not conflict with Florida Statutes, §768.79. Accord, Dadaille v. Allstate, 6 Fla. Law Weekly Supp. 777 (11th Circuit, County Court, September 15, 1999); Smith v. State Farm, 5 Fla. Law Weekly Supp. 557 (13th Circuit, County Court, April 2, 1998).
WHEREFORE, it is hereby Ordered and Adjudged that the Plaintiff’s Motion to Strike the Offers of Judgment be served by the Defendant in this action is Denied.
* * *
