Advanced Physical Therapy of Kendall, LLC (a/a/o Schiller Ladouceur) v. Camrac, LLC
A Florida provider suing as assignee for PIP benefits arising from a New York accident stipulated that New York's No-Fault Motor Vehicle Law governed, then sought fees based on a Florida proposal for settlement or, alternatively, an award above New York's $1,360 fee cap. The Third District affirmed, holding section 768.79 is substantive and thus inapplicable where the parties agreed another state's substantive law governs, and that a trial court's determination whether a case is 'of such a novel or unique nature as to require extraordinary skills or services' under 11 NYCRR 65-4.6(e) is reviewed for abuse of discretion.
Key facts
- Advanced Physical Therapy of Kendall, a Florida PIP provider, sued as assignee for benefits arising from a motor vehicle accident that occurred in New York.
- The parties stipulated that New York's No-Fault Motor Vehicle Law governed the dispute, and the trial court awarded fees capped at New York's $1,360 statutory limit rather than applying Florida's offer of judgment statute or finding extraordinary circumstances.
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Why it matters
Practitioners handling multistate PIP/no-fault or any case where the parties stipulate to foreign substantive law should note that a Florida proposal for settlement will be unenforceable — the fee entitlement travels… — full analysis with a trial
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