Paul Michael Gabe Wins Attorney Fees, Costs for Defendant Insurer in Dismissed Lawsuit
Paul Michael Gabe, an associate in the Miami office of ROIG Lawyers secured a victory on behalf of the defendant insurer in a case involving the contractual interpretation and coverage of the subject insurance policy. Additionally, Mr. Gabe obtained
Mr. Gabe previously filed a Motion To Dismiss in 2014 arguing that the subject policy contained the requisite language to allow the Defendant to reimburse the claim at Two-Hundred percent of the Medicare Part-B Fee Schedule in accordance with The Florida Supreme Court’s decision in Geico v. Virtual Imaging No. SC12-905, 2013 WL 3332385 (Fla. July 3, 2013). Subsequently, the Defendant insurer made a nominal Proposal For Settlement which was rejected by Plaintiff. After additional discovery, Plaintiff dismissed the lawsuit in 2015. Shortly thereafter Mr. Gabe filed a Motion For Entitlement to Attorney’s Fees and Costs.
The Plaintiff argued that its notice of voluntary dismissal with prejudice should not have been considered a judgment in determining
Defendant insurer’s legal fees and costs must now be paid in full by the Plaintiff.