Volume 11

11 Fla. L. Weekly Supp. 446b

Attorney’s fees — Insurance — Personal injury protection — Justiciable issues — Where insurer provided notice that provider/assignee stated wrong date of accident in complaint, insurer properly paid all bills with regard to correct date of accident, and provider failed to satisfy condition precedent of pre-suit demand letter, provider/assignee knew or should have known that claim as stated in complaint was not supported by material facts necessary to establish claim nor was it supported by application of law to those facts — Insurer is awarded attorney’s fees paid in equal amounts by provider and provider’s counsel unless counsel is able to show she acted in good faith based on representations of client as to existence of material facts

11 Fla. L. Weekly Supp. 406a

Insurance — Fraud on court — Sanctions — Denial — No abuse of discretion to deny insurer’s motion to strike opposing counsel’s affidavit regarding attorney’s fees and dismiss claim due to fraud on court where opposing counsel claimed 25 hours for preparation of confession of judgment that was copy of pleading first filed by another attorney in different case, but counsel explained that he worked in conjunction with other attorney to prepare pleading and 25 hours was aggregate amount for all files in which issue arose and was pro-rated among the cases, and counsel withdrew the claim for 25 hours in its entirety

11 Fla. L. Weekly Supp. 247b

Insurance — Personal injury protection — Attorney’s fees — Where attorney’s fees contract between insured and attorney limits fee award to percentage of amount awarded or stipulated to or percentage of remaining benefits under policy, motion for summary judgment awarding either of those two sums is granted, and jurisdiction to determine which of two sums is to be awarded is reserved pending additional argument

11 Fla. L. Weekly Supp. 1098a

Insurance — Personal injury protection — Discovery — Failure to respond to interrogatory — Sanctions — Attorney’s fees

11 Fla. L. Weekly Supp. 1087b

Insurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Insurer’s motion to dismiss for failure to comply with discovery order is denied, but attorney’s fees for cost of bringing motion are awarded

11 Fla. L. Weekly Supp. 1082a

Small claims — Motion to dismiss for failure to comply with discovery order denied — Plaintiff ordered to provide responses — Attorney’s fees awarded

11 Fla. L. Weekly Supp. 651b

Insurance — Settlement agreement — Enforcement — Plaintiff is entitled to 12% interest on settlement proceeds tendered more than 20 days after date of settlement — Plaintiff is awarded attorney’s fees and expert witness fee

11 Fla. L. Weekly Supp. 1085a

Attorney’s fees — Insurance — Personal injury protection — Discovery — Insurer is compelled to disclose name of attorney’s fees expert, but is not required to provide time records of defense counsel

11 Fla. L. Weekly Supp. 1007a

Civil procedure — Discovery — Failure to comply — Dismissal

11 Fla. L. Weekly Supp. 69c

Insurance — Attorney’s fees — Discovery — Depositions — Motions for protective order regarding depositions of insurer’s counsel and litigation adjuster are denied where deponents have or may have information beneficial to court in determining reasonable amount of attorney’s fees and costs and necessity of multiplier, to be used at attorney’s fees hearing — Motions for sanctions and to strike notices of depositions are denied