9 Fla. L. Weekly Supp. 867a
Insurance — Personal injury protection — Independent medical examination — Insurer which has knowledge that insured is represented by counsel has an obligation to notify counsel of scheduling of IME
WILLIAM THOMPSON, Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 2002-11739-LT, Division H. September 4, 2002. Cheryl K. Thomas, Judge. Counsel: Laurie E. Ohall, Law Offices of Laurie E. Ohall, P.A., Tampa, for Plaintiff. Paula Walsh Rousselle.
AGREED ORDER OF FINAL JUDGMENT
The Court, taking into consideration the file, and the stipulation for entry of this Judgment, hereby has the following findings of fact and law:
1. Pursuant to U.S. Security Insurance Co. v. Cimino, 754 So.2d 697 (Fla. 2000), an insured has the right to have an attorney present at an Independent Medical Examination scheduled by an insurance company.
2. Where an insurer has knowledge that the insured is represented by counsel, the insurer has an obligation to notify the insured’s attorney of the scheduling of the Independent Medical Examination being conducted pursuant to Fla. Stat. §627.736 et seq.
3. Accordingly, the Court finds in favor of the Plaintiff as to Counts I and II in his complaint.
4. The Plaintiff is the prevailing party in this matter, and therefore, Plaintiff is entitled to attorney’s fees and costs. The court finds that $250.00 is a reasonable hourly rate for Laurie Ohall, Esquire, and that she reasonably incurred 6.6 hours in the prosecution of this action. Thus, the court finds $1,650.00 to be a reasonable fee, and taxable costs to equal $190.00, totaling $1,840.00, for which sum LET EXECUTION ISSUE. This judgment shall bear interest at the highest legal rate per annum, as set forth by Florida Statute §55.03 (2001), as amended, currently nine percent (9%) for the 2002 calendar year, from the date of this Order until paid or satisfied.
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