LaRose

C A S E S

LaRose

REGIS LAROSE vs. ARIES INSURANCE CO./MARIE LAROSE vs. ARIES INSURANCE CO.
(consolidated cases)

Docket No. MC 99-17685 RL/MC 99-17688 RL
FJVR Reference No.00:6-52

Settlement Date: May 5, 2000
Publication Date: June 2000

TOPIC: Insurance - Motor Vehicles - Pip Coverage

RESULT: $ 27,360.32 for Plaintiffs (settlement)
($ 17,133.60 - medical expenses
$ 7,700 - attorney's fees
$ 1,526.72 - costs
$ 1,000 - expert fee)

STATE: Florida
COUNTY: Palm Beach
JUDGE: Krista Marx

PLAINTIFF PROFILE:
Regis
    -Age: 48
    -Sex: Male
Marie
    -Age: 44
    -Sex: Female

PLAINTIFF ATTORNEY: Stephen J. Padula of Osherow, Shiner & Associates, P.A., Boca Raton

DEFENDANT ATTORNEY: Stephanie Brown of Adams, Coogler, et al., W. Palm Beach

CAUSE OF INJURY: On March 29, 1999, Plaintiff Regis Larose was operating a motor vehicle with his wife, Plaintiff Marie Larose, as a passenger when they were rear-ended by another vehicle. Mr. and Mrs. Larose each suffered bodily injuries as a direct result of the accident. Defendant Aries Insurance issued a policy of insurance, which provided PIP benefits, to the owner of the motor vehicle occupied by Plaintiffs at the time of the subject accident. Because the Laroses did not own a motor vehicle, nor did they live with a resident relative who owned a vehicle, they filed for PIP benefits with Defendant. Defendant conducted a single background investigation of Plaintiffs, in which Defendant uncovered an address for the son of Regis Larose (not a relative of Marie Larose) at the same address. Plaintiffs contended that they never resided with the son in the same household, and the address in question was solely a mailing address utilized by several persons. Defendant denied PIP benefits on October 11, 1999. Plaintiffs filed suit on October 13, 1999.

NATURE OF INJURY: Loss of PIP benefits.

PLAINTIFF EXPERT WITNESSES: John Willis, Attorney's Fees, Boca Raton

DEFENDANT EXPERT WITNESSES: Richard K. Slinkman, Attorney's Fees, W. Palm Beach

EDITOR'S NOTE: The settlement, which occurred during discovery, included 80% of Plaintiff's medical expenses, in addition to attorney's fees, costs, and expert fees. According to Defendant, the attorney's fees were determined by the Court after an Evidentiary Fee Hearing; all other aspects of medical expenses and costs were settled between the parties.

OSHEROW, SHINER & ASSOCIATES, P.A., BOCA CORPORATE PLAZA, SUITE 650, 7900 GLADES ROAD, BOCA RATON, FLORIDA 33434
TELEPHONE: (561) 477-5054 FACSIMILE: (561) 477-3661 www.osherowlaw.com E-MAIL: mrosh@osherowlaw.com