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

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
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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.
3