9 Fla. L. Weekly Supp. 323a
Insurance — Personal injury protection — Attorney’s fees — Proposal for settlement for attorney’s fees in PIP claim following resolution of underlying benefits is not proper — Motion to strike granted
MAURICIO CHIROPRACTIC GROUP, P.A. As assignee of ROBERTO ROQUE, Plaintiff, vs. U.S. SECURITY INSURANCE COMPANY, INC., a corporation authorized and doing business in the State of Florida, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. CCO-01-9011. October 19, 2001. W. Thomas R. Kirkland, Judge. Counsel: Paolo Longo, Weiss Legal Group, P.A., Orlando. David J. Weiss, Boca Raton, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION TO STRIKEDEFENDANT’S PROPOSAL FOR SETTLEMENT
THIS CAUSE having come on to be heard on Plaintiff’s Motion to Strike Defendant’s Proposal for Settlement and the Court having reviewed the pleadings on file and upon stipulation of counsel I find the following facts relevant:
1. That Plaintiff filed a claim for PIP benefits on June 27, 2001.
2. That subsequent to the filing of the Complaint, the Defendant agreed to settle the claim by paying the underlying benefits.
3. That on August 15, 2001 Defendant stipulated to the Plaintiff’s entitlement to attorney’s fees pursuant to F.S. §627.428.
4. That on August 23, 2001, Defendant filed a Proposal for Settlement for attorney’s fees pursuant to F.R.C.P. 1.442 and F.S. 768.79.
Following a hearing on Plaintiff’s Motion to Strike Defendant’s Proposal for Settlement it is hereby ORDERED and ADJUDGED that;
1. Proposals for settlement are not proper for attorney’s fees in PIP claims following resolution of the underlying benefits.
2. Plaintiff’s Motion to Strike Defendant’s Proposal for Settlement for attorney’s fees is hereby GRANTED.
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