Margiotta v. State Farm Mutual Automobile Insurance Co.

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. Co., 370 So.2d 452 (Fla. 4th DCA 1979) (an insured is entitled to have PIP benefits allotted in such a manner as to make the maximum amount…