United Automobile Insurance Company, Appellant/Cross-Appellee, v. MRI (2023)

District Court of Appeal of Florida, Third District.

United Automobile Insurance Company, Appellant/Cross-Appellee, v. Open MRI of Miami-Dade, Ltd., a/a/o Tony de Soto, Appellee/Cross-Appellant.

No. 3D21-1865

Decided: July 19, 2023

Before SCALES, LINDSEY and GORDO, JJ.

Cole, Scott & Kissane, P.A., and Michael A. Rosenberg, and Nicholas Bastidas (Plantation), for appellant/cross-appellee. Buchalter, Hoffman, and Dorchak, and Kenneth J. Dorchak, for appellee/cross-appellant.

Affirmed. See United Auto. Ins. Co. v. Gibson, 355 So. 3d 955, 956 (Fla. 4th DCA 2023) (applying an abuse of discretion standard of review and reversing an award of pre-suit attorney's fees where the trial court made no finding that the insurer's conduct was unreasonable); U.S. Fid. & Guar. Co. v. Rosado, 606 So. 2d 628, 629 (Fla. 3d DCA 1992) (holding that attorney's fees for pre-suit legal services may be compensable only if the insurer's conduct was unreasonable).

PER CURIAM.

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