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ARTICLE · 21 JUNE 2023

Does Post Payment Of Interest Constitute A Confession Of Judgment?

Kelley Kronenberg
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In the realm of personal injury protection ("PIP") insurance claims, legal disputes can arise when an insurer fails to timely pay...

United StatesLitigation, Mediation & Arbitration
Ryan Becker
Ryan Becker

In the realm of personal injury protection ("PIP") insurance claims, legal disputes can arise when an insurer fails to timely pay the benefits owed to a healthcare provider. One area of contention I have dealt with throughout my practice centers around the question of whether post payment of interest constitutes a confession of judgment. If you are ever confronted with a situation that has a similar issue, these particular cases may help: Liberty Mutual Insurance Co. v Pan Am Diagnostic (2022) and South Florida Pain and Rehab of West Dade v. Infinity Auto Insurance Company (2021); but, just how do claims adjusters apply the holdings of these cases to the cases on their desks?

Here are some helpful insights on what to look for when wondering whether post payment of interest constitutes a confession of judgment:

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