UNITED AUTOMOBILE INSURANCE COMPANY v. FAMILY REHAB, INC., A/A/O HUGO NELSON JIMENEZ

• Court: District Court of Appeal of Florida
• Decided: February 22, 2023
• Docket: 22-0940
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed February 22, 2023. Not final until disposition of timely filed motion for rehearing.

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No. 3D22-0940 Lower Tribunal No. 19-3198 SP ________________

United Automobile Insurance Company, Appellant,

vs.

Family Rehab, Inc. a/a/o Hugo Nelson Jimenez, Appellee.

An Appeal from the County Court for Miami-Dade County, Lawrence D. King, Judge.

Michael J. Neimand, for appellant.

David B. Pakula, P.A., and David B. Pakula (Pembroke Pines); Corredor & Husseini, P.A., and Maria E. Corredor, for appellee.

Before EMAS, SCALES, and LINDSEY, JJ.

PER CURIAM. Appellant United Automobile Insurance Company appeals from a final

judgment awarding $4,782.00 in attorney’s fees to Appellee Family Rehab,

Inc., as assignee of the Insured. Though United Auto paid PIP benefits in

response to Family Rehab’s demand letter, it did not initially pay the statutory

late payment penalty and postage, totaling $10.55. 1 The issue before us is

whether Family Rehab is entitled to attorney’s fees after recovering solely on

the late penalty and postage.

In South Florida Pain & Rehabilitation of West Dade v. Infinity Auto

Insurance Co., 318 So. 3d 6 (Fla. 4th DCA 2021), the Fourth District held

that an insured’s assignee is not entitled to attorney’s fees when the insurer

timely pays all PIP benefits pursuant to a demand but does not initially pay

the late penalty and postage. The parties do not dispute that this case is on

all fours.

Family Rehab argues that South Florida Pain and Rehabilitation was

wrongly decided and that this Court should certify conflict. We disagree and

decline to certify conflict. Based on the sound reasoning in South Florida

Pain and Rehabilitation, we conclude that Family Rehab is not entitled to

attorney’s fees. Accordingly, we reverse.

1 On March 5, 2019, Family Rehab filed the underlying Complaint seeking payment of the late penalty and postage. United Auto paid the late payment and postage on June 29, 2019.

2 Reversed and remanded.