8 Fla. L. Weekly Supp. 387a
Insurance — Attorney’s fees — Order awarding fees on complaint alleging PIP and med pay issues where insurer eventually capitulated and confessed judgment by exhausting med pay coverage by paying portion of bills almost two years after they were incurred
TINA M. MARTIN, Plaintiff, vs. FLORIDA FARM BUREAU GENERAL INSURANCE COMPANY, Defendant. County Court, 1st Judicial Circuit in and for Santa Rosa County. Case No. 98 0487 SC. August 29, 2000. Colie Nichols, Jr., Judge. Counsel: Terence A. Gross, Pensacola, for Plaintiff. Adam Brum, Tampa, for Defendant.
ORDER
THIS CAUSE having come before this Court upon the Plaintiff’s Motion for Entitlement for Attorney’s fees and this Court having reviewed the record, the Plaintiff’s Memorandum of Law with exhibits and attached case law, the Defendant’s case law and the arguments of counsel, it is hereby
ORDERED AND ADJUDGED that the Plaintiff’s Motion for Entitlement for Attorney’s fees is granted in that:
1. the bills were incurred, sent in and denied;
2. Dr. Williams never executed an assignment of benefits form;
3. Tina Martin signed liens with both Dr. Williams and David Von Miller, making her personally responsible, no matter what;
4. revocations and reassignments were executed by both providers, authorizing Tina Martin to file suit before litigation was initiated;
5. the complaint involved PIP and med pay issues;
6. this Court entered an order, indicating that the plaintiff had standing to bring her med pay dispute to a Judge trial and this order was never appealed;
7. the releases executed by both providers recently, were well over a year after litigation had been initiated by the plaintiff;
8. Dr. Williams’ affidavit executed on June 22, 2000 reaffirmed his intentions all along of authorizing Tina Martin to bring this action;
9. David Von Miller’s affidavit executed on August 8, 2000 reaffirmed his intentions all along of authorizing Tina Martin to bring this action;
10. that through the undersigned’s efforts, the defendant eventually capitulated and confessed judgment by exhausting its med pay coverage by paying a portion of the outstanding medical bills in question almost two years after they have been incurred.
That this Court hereby reserves jurisdiction for an award of attorney’s fees, costs and any interest that may be due upon the aforementioned finding that the Plaintiff did have standing to sue the Defendant and that her attorney is entitled to attorney’s fees.
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