Geico Indemnity Company v. Plantation Open MRI, LLC, et al.
In 24 consolidated PIP cases, the Fourth DCA reversed county court judgments that had awarded providers attorney's fees under section 627.428 based on a purported confession of judgment by GEICO. The court held that (1) a confession of judgment cannot occur before service of process on the insurer, and (2) the doctrine requires that the suit itself be the necessary catalyst for payment — not a simultaneously filed civil remedy notice.
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