8 Fla. L. Weekly Supp. 391a
Insurance — Personal injury protection — Settlement — Where plaintiff’s counsel settled claim for PIP benefits with insurer’s adjuster, insurer sent plaintiff’s counsel correspondence indicating that insurer was demanding that release be executed as part of settlement agreement, plaintiff’s counsel faxed insurer correspondence requesting that settlement drafts be timely tendered and stating that release would not be executed as settlement agreement did not encompass a release, and insurer did not timely tender settlement drafts to plaintiff’s counsel, insurer owes penalty interest of 12% from date of settlement to date insurer tenders settlement drafts to plaintiff’s counsel — Section 627.4265, Florida Statutes, clearly requires 12% interest on settlement proceeds if insurer does not tender settlement amounts within 20 days of written settlement — Attorney’s fees — Plaintiff’s counsel entitled to reasonable attorney’s fees for preparation of motion to enforce settlement and motion for sanctions and for attendance at hearing
RAYMOND D. CLITES, D.C., P.A., (As assignee of Martha Bootle), Plaintiff, vs. UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 00-23530 SC, Division H. April 5, 2001. Frank Gomez, Judge. Counsel: Timothy A. Patrick, Timothy A. Patrick, P.A., Tampa. Karen Barnett.
ORDER GRANTING PLAINTIFF’S MOTION TO ENFORCE SETTLEMENT AND MOTION FOR SANCTIONS
THIS CAUSE having come before the Court on March 27, 2001, on Plaintiff’s Motion to Enforce Settlement and Motion for Sanctions. The court having heard argument from counsel and being otherwise fully advised in the premises, it is
ORDERED and ADJUDGED as follows:
FINDINGS OF FACT’S 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 Section 627.736.
2. On February 20, 2001, counsel for Plaintiff settled this matter directly with Defendant’s adjuster after having received written authorization from Defendant’s counsel.
3. Said settlement agreement did not encompass the execution of a release.
4. On February 26, 2001, Defendant’s counsel sent Plaintiff’s counsel correspondence indicating that Defendant’s counsel was demanding that a release be executed as part of the settlement agreement.
5. On February 28, 2001, Plaintiff’s counsel faxed Defendant’s counsel correspondence requesting that the settlement drafts be timely tendered and stating that a release would not be executed as the settlement agreement did not encompass a release.
6. Defendant’s counsel did not timely tender the settlement drafts to Plaintiff’s counsel.
7. On March 14, 2001, Plaintiff’s counsel filed the instant motion; the motion was set for hearing March 27, 2001.
8. Counsel for Plaintiff has requested additional attorney’s fees for preparation of the Motion to Enforce Settlement and Motion for Sanctions and his attendance at the scheduled hearing.
9. Florida Statute Section 627.4265 clearly requires 12% interest on settlement proceeds if the insurer does not tender settlement amounts within twenty (20) days of a written settlement. The Defendant thereby owes penalty interest of 12% from February 20, 2001 to the date Defendant’s counsel tenders the settlement drafts to Plaintiff’s counsel.
10. The court finds reasonable attorney’s fees for preparation of the Motion to Enforce Settlement and Motion for Sanctions and attendance at the hearing to be 1.5 hours. The court allows Plaintiff’s counsel $150.00 per hour for the additional time expended.
Based upon the above, the Court finds and it is
ORDERED and ADJUDGED that the Plaintiff and Plaintiff’s counsel received the following sums:
(A) statutory interest from February 20, 2001 forward on both settlement drafts;
(B) Attorney’s Fees are awarded to Timothy A. Patrick, P.A. in the amount of $225.00.
FOR WHICH SUMS LET EXECUTION ISSUE
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