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Affirmative in Denying Plaintiff’s Motion for Attorney’s Fees

Caryn Bellus and Barbara Fox, of the Miami office, prevailed in obtaining an affirmance of an order denying Plaintiff’s Motion for Attorney’s Fees. This was an  underinsured/uninsured motorist case in which the Insurer, denied coverage but later tendered the policy limits in response to Plaintiff’s Civil Remedy notice. Plaintiff then moved for fees in the trial court, claiming it was a confession of judgment. Valerie Dondero, of the Miami office, successfully opposed Plaintiff’s fees motion. On appeal, Plaintiff claimed it was error to deny fees, again asserting that the carrier confessed judgment by paying the policy limits. However, Caryn and Barbara successfully opposed these arguments and explained to the appellate court that the payment in response to the Civil Remedy Notice was a complete cure, not a “confession” of judgment.

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