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payment constitutes a forfeiture or waiver of equitable diatri-
bntion of the amounts received to determine the amount of re-
imbursement of the PIP benefits payment.
Aetna, May and Smith contend that the right of reim-
bursement under F.S. 627.736(3)(c) is coaputed in the same
manner as equitable distribution under F.S. 627.736(3)(a)(b)
. May and Smith also contend that they are entitled to
attorneys fees under F.S. 627.736(8) and 627.428.
The evidence establishes that Aetna, May and Smith all
h_ad notice of Fireman's payment of $5,000 PIP benefits. to Nay
prior to the $35,000 settlement. Aetna failed to make May and
Fireman joint payees and failed to obtain Fireman's consent to a
different method of payment as is required by F.S. 627.736(3)(c).
Therefore, Fireman is entitled to indemnification from Aetna
under this statute. However, the amount of indemnification would
not be th.e entire amount of $5,000 paid by Fireman to May for
PIP benefits, but is determined by the "right of reimbursement".
Right of reimbursement must be determined by all of the
provisions of F.S. 627.736(3)(a)(b)(c) in its entirety. Fireman's
"right of reimbursement" is limited to that amount•whiGh would
result after equitable distribution as defined in F.S. 627.736(3)(b).
Allstate Insurance Company v South Carolina Insurance Company,
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No. 78-178, Circuit Court, Brevard County, February 23, 1979.
The. reasonable value of May's claim was $175,000. A
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reasonable attorney's fee for May's attorney is 40X of $175,000.
The settlement was only $35,000 because of the limited amount of
insurance carried by Baldwin and her assets. May's recovery was
~ 20X of the reasonable value of his claim or $35,000/$175,000.
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20X of the $5,000 PIP benefits paid equals $1,000, less
~ 40X reasonable attorney's fee 'leaves $600.00. Therefore, Fireman
is entitled to reimbursement after equitable distribution of
$600.00. American Fire b Casualty Company v Oller, 313 Sold 67
(4 DCA 1975). Reyes v Banks_ 292 Sold 39 (4 DCA 1974).
' Fireman claims it is entitled to attorneys-fees since
its claim is based on indemnification and its complaint ,is only
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