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
18 Fla. L. Weekly Supp. 334a
Online Reference: FLWSUPP 1804MELK
Insurance — Attorney’s fees — Appellate — Section 627.428(1) authorizes award of appellate attorney’s fees to prevailing insured irrespective of non-prevailing insurer’s good faith reliance on since-altered case law in disputing claim