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18 Fla. L. Weekly Supp. 267a

Online Reference: FLWSUPP 1803MORR

Insurance — Personal injury protection — Attorney’s fees — Omnibus insured — Plaintiff who was additional driver covered under liability portion of fiancee’s insurance contract was not omnibus insured under policy when injured while driving his work vehicle and, therefore, cannot recover attorney’s fees under section 627.428 — Fee award under section 627.428 is also inappropriate because suit was over production of policy information, not wrongfully withheld benefits

18 Fla. L. Weekly Supp. 897a

Online Reference: FLWSUPP 1809VILL

Insurance — Personal injury protection — Attorney’s fees — Hearing — Continuance — Motions to continue attorney’s fee hearings due to unavailability of insurer’s expert witnesses are denied

18 Fla. L. Weekly Supp. 1189a

Online Reference: FLWSUPP 1811CARC

Insurance — Personal injury protection — Attorney’s fees — Offer of judgment — Good faith offer — Nominal offer of judgment was valid offer made in good faith where insurer had reasonable basis to conclude that its exposure was nominal and its liability was nonexistent since benefits had been exhausted — Justiciable issues — Award of fees under section 57.105 is denied

18 Fla. L. Weekly Supp. 1191a

Online Reference: FLWSUPP 1811LIME

Insurance — Property — Attorney’s fees — Declaratory actions — Offer of judgment statute does not apply to action in which complaint seeks only determination of insurance coverage and, if coverage is found, appraisal of property

18 Fla. L. Weekly Supp. 612c

Online Reference: FLWSUPP 1807LLAN

Insurance — Personal injury protection — Attorney’s fees — Justiciable issues — Attorney’s fees are awarded to prevailing insurer where medical provider knew or should have known that claim for inappropriately unbundled service was not supported by then existing law

18 Fla. L. Weekly Supp. 1042a

Online Reference: FLWSUPP 1810VIGO

Insurance — Personal injury protection — Motion for rehearing is denied — Attorney’s fees — Offer of judgment — Prevailing insurer is entitled to recover attorney’s fees where nominal offer of judgment was made in good faith in view of precedent holding that insurer is not liable for payment of additional benefits after policy limits are exhausted — Justiciable issues — Insurer is not entitled to fee award under section 57.105 where, although insurer placed medical provider on notice that policy limits had been exhausted, there was not complete absence of justiciable issue of fact

18 Fla. L. Weekly Supp. 379a

Online Reference: FLWSUPP 1804HERM

Insurance — Attorney’s fees — No merit to claim that trial court erred in ruling that insurer waived objections to time records and in limiting insurer’s argument and cross-examination of medical provider’s counsel where court later reversed that ruling and allowed insurer to continue — Where there is some competent substantial evidence to support fee award, but record is lacking essential testimony from attorney performing services or additional expert witnesses, court reverses and remands for further hearing

18 Fla. L. Weekly Supp. 109a

Online Reference: FLWSUPP 1801LAND

Insurance — Attorney’s fees — Discovery — Time sheets of attorneys, paralegals, assistants or secretaries

18 Fla. L. Weekly Supp. 204b

Online Reference: FLWSUPP 1802EMER

Insurance — Attorney’s fees — Discovery — Redacted time sheets

18 Fla. L. Weekly Supp. 307a

Online Reference: FLWSUPP 1803BURN

Landlord-tenant — Public housing — Eviction — Notice — Defects — Seven-day notice terminating lease for criminal activity and stating that person not on lease gave address of leased premises as his residence when arrested is defective where notice is contradicted by attached police report — Complaint dismissed without leave to amend

18 Fla. L. Weekly Supp. 49b

Online Reference: FLWSUPP 1801HART

Insurance — Personal injury protection — Attorney’s fees — Amount — Contingency risk multiplier — No abuse of discretion in awarding contingency risk multiplier where potential for multiplier was necessary for insured to secure counsel — However, where application of 2.0 multiplier results in fee award 300 times amount in controversy, award is reversed and remanded for determination of multiplier less than 2.0 that would have enabled insured to hire counsel yet have resulted in more reasonable fees award

18 Fla. L. Weekly Supp. 1113a

Online Reference: FLWSUPP 1811DESO

Insurance — Personal injury protection — Evidence — Expert witnesses — Abuse of discretion to strike insurer’s billing expert as witness without considering factors discussed in Pascual v. Dozier — Attorney’s fees — Appellate — Insurer failed to demonstrate substantive basis for appellate attorney’s fees where motion for fees does not include, cite, or reference any policy provision discussing attorney’s fees