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Favorable Ruling Regarding Payment of Benefits Pursuant to a CRN not Being a Confession of Judgment

Bretton Albrecht, Barbara Fox and Caryn Bellus, of the Miami office, obtained a written order providing that if an insurer pays benefits pursuant to a CRN, it is not a confession of judgment entitling plaintiff to fees. After a hearing on plaintiff’s motion for summary judgment argued by Bretton, the court found that the tactic of filing suit and a CRN and waiting for the insurer to pay benefits before effectuating service is a “gotcha” tactic to which the confession of judgment rule does not apply.

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