Paul Michael Gabe Wins Attorney Fees, Costs for Defendant Insurer in Dismissed Lawsuit

July 4, 2016

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 court ordered attorney’s fees and costs for his client after Plaintiff voluntarily dismissed its lawsuit.

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 application to the Proposal For Settlement statute. Judge Laura Anne Stuzin respectfully disagreed, at the suggestion of Mr. Gabe, when he presented the Court with authority that found a dismissal with prejudice as a basis for judgment of no liability. In MX Investments, Inc. v. Crawford, the Florida Supreme Court held, “we conclude that to be entitled to an award of attorney fees under section 768.79, Florida Statutes (1991), there must be a dismissal with prejudice of the cause of action.” 700 So. 2d 640 at 642. (Fla. 1997) [22 Fla. L. Weekly S530a].

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