Summary
distinguishing Tristar on the basis that Safeco was not in the process of adjusting plaintiff's claim and "did not participate in the appraisal process-for at least five weeks past its deadline and at least seven weeks after suit was filed."
Summary of this case from GROW v. FIRST NATIONAL INSURANCE COMPANY OF AMERICAOpinion
CASE NO. 6:05-CV-1757-ORL-19DAB.
January 5, 2007
ORDER
This case was considered by the Court on the Report and Recommendation of the United States Magistrate Judge (Doc. No. 46, filed December 22, 2006). No objection to said Report and Recommendation was filed. Upon consideration, it is
ORDERED that the Report and Recommendation (Doc. No. 46) is ADOPTED and AFFIRMED. The Plaintiff's Motion for Attorney's Fees (Doc. No. 38, filed September 29, 2006) is GRANTED. Plaintiff shall recover her reasonable attorney's fees and costs in the amount of $5,130 from Defendant which Defendant shall pay to Plaintiff within ten (10) days from the date of this Order. The parties shall notify the Court on or before January 18, 2007 when this payment has been made, and the Court will then dismiss this case with prejudice.
DONE AND ORDERED at Orlando, Florida.