MARGIOTTA v. STATE FARM

No. 92-0681.

622 So.2d 135 (1993)

Marcus MARGIOTTA, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 8, 1993.


Attorney(s) appearing for the Case

Scott A. Mager of Scott A. Mager, P.A., Coral Springs, and Gary S. Gaffney of Gary S. Gaffney, P.A., Hollywood, for appellant.

James T. Sparkman and Frances Fernandez Guasch of Clark, Sparkman, Robb & Nelson, Miami, for appellee.


KLEIN, Judge.

The insured appeals a denial of attorney's fees which he sought after filing suit to collect PIP benefits. We reverse.

The insured was injured on April 24, 1990 and hospitalized for two weeks. He submitted an application for PIP benefits to State Farm, and instructed State Farm that it should apply his PIP benefits to his lost wages, not his medical expenses, which were covered by other insurance. Holloway v. State Farm Mutual Automobile Ins...

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