8 Fla. L. Weekly Supp. 391b
Insurance — Personal injury protection — Attorney’s fees — Insurer entitled to recover reasonable attorney’s fees from insured where insured’s counsel knew, or should have known, of existence of valid assignment of insured’s right to collect PIP benefits from insurer when it prepared affidavit for insured’s signature in an attempt to defeat insurer’s summary judgment motion based on insured’s lack of standing
SUSAN WHITNEY, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 97-14931-SC, Division K. October 24, 2000. Gaston J. Fernandez, Judge. Counsel: Timothy A. Patrick, for Plaintiff. Karen A. Barnett, Barnett & Associates, P.A., Tampa, for Defendant.
ORDER GRANTING ATTORNEY’S FEES
THIS MATTER came before the Court on August 29, 2000 on Defendant’s Motion For Attorney’s Fees and Costs. The Court, after considering the Motion, court file, arguments of counsel, and being otherwise fully advised in the premises, hereby finds and rules as follows:
This Court entered an order Granting Defendant’s Motion for Summary Judgement based on Plaintiff’s lack of standing on May 22, 2000. This ruling was based on the existence of a valid assignment of Plaintiff’s right to collect PIP benefits directly from her insurer.
Plaintiff’s counsel knew, or should have known, of the existence of this assignment when it prepared an Affidavit for the signature of Ms. Whitaker in an attempt to defeatDefendant’s Motion for Summary Judgement on the standing issue. This Affidavit was filed on July 7, 1998.
As such, it is therefore:
ORDERED and ADJUDGED that the Defendant, State Farm Insurance Company, recover from Defendant, Susan Whitney, reasonable attorney fees incurred since July 7, 1998.
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