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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9100 South Dadeland Blvd.
Suite 1800
Miami, FL. 33156 305.374.1212
125 West Romana St.
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Pensacola, FL 32502 850.434.0003
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Tallahassee, FL 32308 850.222.5188
201 South Orange Ave.
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Orlando, FL 32801 407.245.3630
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Fort Myers, FL 33966 239.334.8403
402 Applerouth Lane
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Key West, FL 33040 305.509.7300
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Jacksonville, FL 32202 904.396.0062
1396 NE 20th Ave.
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Ocala, FL 34470 352.622.4222
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Tampa, FL 33602 813.204.9776
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West Palm Beach, FL 33401 561.640.0303
11 North Water St.
Suite 10290
Mobile, AL 36602 251.308.3351