Circuit Court Awards Attorney Fees to Roig Lawyers Client

December 4, 2014

Roig Lawyers attorney Paul Michael Gabe secured a victory on behalf of the defendant insurer before Judge Robert W. Lee of the 17th Judicial Circuit in a Personal Injury Protection (PIP) case involving the contractual interpretation and coverage of the subject insurance policy.

The Order on Defendant’s Motion for Entitlement to Fees and Costs executed by Judge Robert W. Lee on December 4, 2014 requires the Plaintiff and its attorney to pay for defendant insurer’s legal fees and costs pursuant to Fla. Stat. 57.105. 

After a long oral argument, Judge Robert W. Lee found 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). Additionally, Judge Robert W. Lee found that defense counsel properly put the Plaintiff on notice that its claim was not supported by the material facts necessary to support the claim or was not be supported by the application of then-existing law to those material facts.

Defendant insurer’s legal fees and costs must now be paid in full by both the Plaintiff healthcare facility and Plaintiff’s counsel.