Ledesma v. Bankers Insurance Co.

District Court of Appeal of Florida

Ledesma v. Bankers Insurance Co.

573 So. 2d 1042, 1991 Fla. App. LEXIS 803, 1991 WL 11742

CourtDistrict Court of Appeal of Florida

DecidedFebruary 5, 1991

DocketNo. 90-1776

StatusPublished

Cited by2 cases

This text of 573 So. 2d 1042 (Ledesma v. Bankers Insurance Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ledesma v. Bankers Insurance Co., 573 So. 2d 1042, 1991 Fla. App. LEXIS 803, 1991 WL 11742 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

Appellant, Victor Ledesma, appeals a final order denying appellant’s motion for attorney’s fees based on the alleged failure of appellee, Bankers Insurance Company, to timely pay personal injury protection (PIP) benefits under an automobile insurance policy. We affirm the order of the trial court denying appellant’s motion for attorney’s fees because the record clearly establishes that appellee paid the benefits sued for within thirty days of having been furnished with the bills and application for payment. A PIP insurer has thirty days after being “furnished written notice of the fact of a covered loss and of the amount of same,” to make payment. § 627.736(4)(b), Fla.Stat. (1989); see Obando v. Fortune Insurance Company, 563 So.2d 116 (Fla. 3d DCA 1990).

Affirmed.

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PER CURIAM.

Appellant, Victor Ledesma, appeals a final order denying appellant’s motion for attorney’s fees based on the alleged failure of appellee, Bankers Insurance Company, to timely pay personal injury protection (PIP) benefits under an automobile insurance policy. We affirm the order of the trial court denying appellant’s motion for attorney’s fees because the record clearly establishes that appellee paid the benefits sued for within thirty days of having been furnished with the bills and application for payment. A PIP insurer has thirty days after being “furnished written notice of the fact of a covered loss and of the amount of same,” to make payment. § 627.736(4)(b), Fla.Stat. (1989); see Obando v. Fortune Insurance Company, 563 So.2d 116 (Fla. 3d DCA 1990).

Affirmed.

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573 So. 2d 1042, 1991 Fla. App. LEXIS 803, 1991 WL 11742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ledesma-v-bankers-insurance-co-fladistctapp-1991.

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