Stephen Mellor Wins Summary Judgment On Behalf Of State Farm

Stephen Mellor, a partner in the Deerfield Beach office of ROIG Lawyers, succeeded in getting a Motion for Summary Judgment granted in favor of State Farm. Mellor successfully argued that State Farm’s required $10,000 in personal injury protection benefits had already been exhausted. The plaintiff’s suit had claimed breach of contract and sought more insurance money.

The case centered on a vehicle accident where State Farm covered $10,000 in PIP benefits. After an initial complaint in Miami-Dade County Court by a medical center, defense counsel negotiated a global settlement that included all medical benefits, attorney fees and costs. State Farm issued a check to the plaintiff’s counsel trust fund, allocating most of the settlement for the medical center.

Plaintiff’s counsel filed another complaint on behalf of a mobile diagnostic center. Mellor argued State Farm had already made its required payout to the medical center. Plaintiff’s counsel countered he had forwarded only part of the money to the medical center in what the court said was an attempt to avoid an exhaustion defense.

Mellor prevailed on final summary judgment. The court said State Farm met its obligations and was not responsible for defense counsel unilaterally reserving funds from the settlement.