Volume 11

11 Fla. L. Weekly Supp. 579b

Attorney’s fees — Insurance — Personal injury protection — Motion to strike attorney’s fees claim is denied as frivolous — Coverage — Affirmative defenses — Striking

11 Fla. L. Weekly Supp. 579c

Attorney’s fees — Insurance — Personal injury protection — Motion to strike attorney’s fees claim is denied as frivolous — Coverage — Affirmative defenses — Striking

11 Fla. L. Weekly Supp. 143a

Insurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Argument that proposal for settlement should be stricken because it does not specifically delineate how much of the amount offered is for medical bills and interest and how much is for attorney’s fees and costs is rejected — Argument that proposal is invalid because it was not made in good faith, as evidenced by use of same form used by defense firm in every PIP case and fact that amount offered does not even cover costs of litigation and bore no reasonable relationship to amount of damages or realistic assessment of liability, is rejected — Insurer may recover attorney’s fees under proposal for settlement statute in action brought to recover PIP benefits — Question certified

11 Fla. L. Weekly Supp. 933c

Attorney’s fees — Insurance — Personal injury protection — Prevailing medical provider is entitled to recover fees and costs

11 Fla. L. Weekly Supp. 690a

Attorney’s fees — Insurance — Personal injury protection — Post-judgment collection efforts — Where insurer did not challenge final judgment awarding attorney’s fees, but instead informed provider’s attorney at end of thirty-day period for decision as to whether to file appeal that it would pay entire amount of judgment plus interest, and there was no evidence that in informing provider’s attorney that check would be issued once attorney reported back with calculation of interest due insurer was stalling to avoid paying judgment, trial court did not abuse discretion in denying provider’s entitlement to attorney’s fees for collection efforts

11 Fla. L. Weekly Supp. 142b

Insurance — Personal injury protection — Attorney’s fees — Plaintiff’s attorney is awarded fees for 28.6 hours of work at $300 per hour — Contingency risk multiplier of 2.0 is appropriate in PIP action where one of defenses was that insurer appropriately paid reduced medical fees pursuant to preferred provider contract, and risk of success at outset was less than likely, or even at best — Costs and expert witness fee awarded

11 Fla. L. Weekly Supp. 140b

Insurance — Personal injury protection — Attorney’s fees — Plaintiff’s attorney is awarded fees for 15.8 hours of work at $300 per hour — Contingency risk multiplier of 2.0 is appropriate in PIP action where one of defenses was that insurer appropriately paid reduced medical fees pursuant to preferred provider contract, and risk of success at outset was less than, or even at best — Costs and expert witness fee awarded

11 Fla. L. Weekly Supp. 1004b

Insurance — Personal injury protection — Attorney’s fees — Where provider/assignee filed suit nearly six months after having been paid in full, received a PIP payout log in response to a request for production, and as a result voluntarily dismissed count for payment of benefits, provider was not entitled to seek declaratory judgment that production of PIP payout log was confession of judgment, entitling provider to attorney’s fees and costs — Medical provider/assignee which has been paid in full no longer retains rights under assignment and lacks standing to seek declaratory relief

11 Fla. L. Weekly Supp. 651a

Attorney’s fees — Insurance — Personal injury protection

11 Fla. L. Weekly Supp. 834a

Attorney’s fees — Insurance — Personal injury protection — Proposal for settlement which was filed with court concurrently with service on plaintiff, in violation of section 768.79(3) and rule 1.442(d), is unenforceable