Appellate Victory Reversing Fee Judgment
December 19, 2024 by boydjenerette on News
Lara Edelstein prevailed in an appeal of a fee judgment in a personal injury protection ("P.I.P.") case. The medical provider filed suit against the insurance company to recover amounts due and owing under Florida’s No-Fault Law, section 627.736, Florida Statutes, and sought an award of attorney’s fees under section 627.428, Florida Statutes. After the insurance company conceded that it had underpaid the statutory interest, the trial court entered summary judgment for $104.55 in statutory interest.
The insurance company objected to an award of attorney’s fees, but the trial court found that the medical provider was entitled to them pursuant to section 627.428(1), Florida Statutes. The parties stipulated to the amount of fees, but the insurance company reserved the right to appeal the entitlement award.
On appeal, the Third District Court reversed the fee judgment holding that under section 627.736(10)(d), Florida Statutes, an overdue “claim” relates only to the overdue medical bills, and not the interest and statutory penalty. Thus, because the medical provider here obtained only an award of interest and the insurance company paid the overdue medical bills within thirty days of receipt of the pre-suit demand letter, the insurance company was not liable for attorney’s fees.
About Lara J. Edelstein
Lara J. Edelstein is a partner with the firm’s Appellate Practice department based in the Boca Raton office. Ms. Edelstein has extensive experience in appellate law, having argued hundreds of cases in the appellate courts throughout Florida, including the Supreme Court of Florida. Ms. Edelstein is also admitted to practice law in Georgia, where she has handled several appeals.
Lara began her career as an Assistant Attorney General representing the State of Florida in criminal appellate proceedings. Ms. Edelstein also spent ten years as in-house appellate counsel to an automobile insurer where she handled No Fault/Personal Injury Protection appeals and provided litigation support to the staff attorneys. Lara also has experience in first party property cases, bad faith litigation, personal injury and premises liability matters, as well as Workers’ Compensation appeals.