9 Fla. L. Weekly Supp. 625b
Insurance — Personal injury protection — Attorney’s fees — Medical provider is entitled to award of attorney’s fees and costs where insurer had notice of potential lawsuit at time it took UCR reductions on bills and, although insurer issued and mailed check for all remaining PIP benefits on date suit was filed, medical provider did not receive check until after filing date
CAMBER COMPANIES SOUTHEAST, LLC., as assignee of JOSE ROBLES, Plaintiff, vs. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. CCO-01-12092. July 24, 2002. C. Jeffrey Arnold, Judge. Counsel: Alexander Billias, Morgan, Colling & Gilbert, P.A., Orlando, for Plaintiff. Frank Reder, Law Offices of Louis G. Figueroa, Longwood, for Defendant.
FINAL ORDER GRANTING PLAINTIFF’S MOTION FORSUMMARY JUDGMENT REGARDING PLAINTIFF’SENTITLEMENT TO ATTORNEY’S FEES AND COSTS
This matter having come before the Court on July 17, 2002 on Plaintiff’s Motion for Summary Judgment and Supporting Memorandum of Law Regarding Plaintiff’s Entitlement to Attorney’s Fees and Costs, (certificate date April 22, 2002), and the Court having reviewed the file, having heard the following argument of counsel and being fully advised in the premises:
FACTS AND PROCEDURAL BACKGROUND
1. The underlying issues in this case involve UCR reductions to medical bills submitted by Plaintiff for dates of service March 7, 2001 through July 2, 2001.
2. Plaintiff’s attorney signed the complaint in this action on August 15, 2001.
3. The Court filed the complaint in this action on August 22, 2001.
4. Nationwide issued a check to Plaintiff on August 22, 2001 for the UCR reductions taken on the medical bills at issue in this case. This payment properly exhausted all remaining personal injury protection benefits of the insured/assignee JOSE ROBLES.
5. It is Plaintiff’s position that the check issued on August 22, 2001 served as a confession of judgment by Defendant regarding the underlying issues in the lawsuit and therefore Plaintiff is entitled to an award of attorney’s fees and costs pursuant to Florida Statutes § 627.428.
6. It is Nationwide’s position that because JOSE ROBLES’ remaining PIP benefits were exhausted on the same day the Plaintiff filed the complaint, Plaintiff is not entitled to an award of attorney’s fees and costs.
7. It is also Nationwide’s position that an award of attorney’s fees and costs to Plaintiff would be improper because on the day Nationwide issued the check that exhausted JOSE ROBLES’ remaining personal injury protection benefits, Nationwide did not have notice of the filing of Plaintiff’s lawsuit.
8. Plaintiff has cited Florida Life Ins. Co. v. Fickes, 613 So. 2d 501, 503 (Fla. 5th DCA 1993), Wollard v. Lloyd’s and Cos. of Lloyd’s, 439 So. 2d 217 (Fla. 1983), and Ivey v. Allstate Ins. Co., 774 So. 2d 679 (Fla. 2000) in support of its position.
LAW AND ANALYSIS
9. Nationwide had notice of a potential lawsuit at the time it took UCR reductions on the bills at issue in this case.
10. Although Nationwide issued and mailed the check for all remaining personal injury protection benefits on August 22, 2001, Plaintiff did not receive the check on August 22, 2001.
11. Plaintiff received the check for all remaining personal injury protection benefits after the date of filing of the complaint, August 22, 2001.
Based upon the foregoing, it is hereby ORDERED and ADJUDGED that:
12. Plaintiff’s Motion for Summary Judgment Regarding Plaintiff’s Entitlement to Attorney’s Fees and Costs is hereby GRANTED.
13. Plaintiff is entitled to an award of attorney’s fees and costs from Nationwide.
14. The Court reserves jurisdiction to determine the amount of said attorney’s fees and costs.
15. Accordingly, a Final Summary Judgment is hereby entered in favor of Plaintiff, CAMBER COMPANIES SOUTHEAST, LLC., as assignee of JOSE ROBLES, and Plaintiff shall go hence without day.
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