Volume 11

11 Fla. L. Weekly Supp. 659a

Attorney’s fees — Insurance — Personal injury protection — Hourly rate of $200 is awarded — Contingency risk multiplier of 1.5 is awarded — Relevant market requires multiplier to obtain competent counsel, counsel was not able to mitigate risk of nonpayment, likelihood of success for provider was even at outset, and consequences of loss for provider were high since insured had previous accidents and accident at issue was low-impact accident with minor damage to vehicle such that case would be battle of experts — Expert witness fee and costs awarded

11 Fla. L. Weekly Supp. 584b

Attorney’s fees — Insurance — Reasonable hourly rate is $300 for plaintiff’s counsel and $75 for paralegal — Contingency risk multiplier — In consideration of relevant market requiring multiplier to obtain competent counsel, attorney’s ability to mitigate risk of nonpayment, other Rowe factors, and finding that at outset of case likelihood of plaintiff prevailing was greater than 50%, application of multiplier is appropriate — Expert witness fee and costs awarded

11 Fla. L. Weekly Supp. 575b

Attorney’s fees — Insurance — Personal injury protection — Amount — Fees awarded for 80 hours at $275 per hour — Contingency risk multiplier — Where attorney for provider/assignee was not able to mitigate risk of nonpayment, and relevant market required multiplier in order for provider to obtain competent counsel, multiplier of 1.5 is awarded — Costs, expert witness fee, and prejudgment interest awarded

11 Fla. L. Weekly Supp. 573a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 11 Fla. L. Weekly Supp. 661a

Attorney’s fees — Insurance — Personal injury protection — Hours expended — Medical provider’s counsel is not entitled to attorney’s fees for time spent litigating amount of fees — Hourly rates of $300, $275, and $225 are awarded based on attorneys’ qualifications — Costs and expert witness fee awarded — Contingency risk multiplier — Provider has not shown that relevant market required multiplier to obtain competent counsel where evidence shows that there are other attorneys in area who would accept representation without multiplier and that provider’s counsel actively marketed himself to providers to secure representation regarding issues in case — Evidence — Hearsay — Testimony of provider’s expert regarding conversations between expert and provider’s office manager about efforts provider had undertaken to obtain counsel, including conversations between office manager and various attorneys who allegedly refused to accept representation, is inadmissible double hearsay — Provider’s counsel failed to show inability to mitigate risk of nonpayment where counsel would be able to mitigate risk of nonpayment in this case by achieving successful results or settlements in 300 other PIP cases in which counsel represents same provider — Application of multiplier is not appropriate

11 Fla. L. Weekly Supp. 617c

Attorney’s fees — Insurance — Appeals and cross-appeals of two fee final judgments — Amount — No merit to claim that lower court fixed attorney’s hourly rate at $250 where record shows lower court did not reach decision at fee hearing but merely stated that it would use $250 rate as starting point to make decision after reviewing proposed judgments — Amount of fees awarded is not excessive or unreasonable merely because it exceeds amount of recovery — Lower court did not abuse discretion in accepting attorneys’ time records where insurer did not object to records produced or point out which hours should be deducted as unreasonable or unnecessary — No error in not awarding prejudgment interest on fees where issue was not raised at fee hearing — Costs — No error in awarding costs for depositions with apportionment as to pages utilized — Remand for clarification of whether all appropriate costs were included in fee judgment that is silent as to costs

11 Fla. L. Weekly Supp. 561a

Attorney’s fees — Insurance — Personal injury protection — Amount — Hourly rates of $325, $300, and $275 are reasonable — Hours expended — Time requested is reduced based on unnecessary duplication of effort — Contingency risk multiplier — Where counsel was engaged under contingent fee arrangement, relevant market requires multiplier, counsel was unable to minimize risk of nonpayment, issues were novel and complex, results obtained included full recovery of benefits plus interest, multiplier benefitted provider by enticing counsel to take case, and chances of success at outset were less than even, 2.0 multiplier is awarded — Expert witness fee, costs, and prejudgment interest awarded

11 Fla. L. Weekly Supp. 1007d

Insurance — Personal injury protection — Attorney’s fees — Dispute regarding PPO reductions taken by insurer on bills submitted for treatment of insured

11 Fla. L. Weekly Supp. 451a

Insurance — Attorney’s fees

11 Fla. L. Weekly Supp. 139a

Insurance — Attorney’s fees

11 Fla. L. Weekly Supp. 9a

Insurance — Personal injury protection — Standing — Assignment — Validity — Patient information form stating insured authorizes release of information necessary to file claim with insurance company and assigns benefits otherwise payable to insured to doctor or group indicated in claim created assignment of benefits and transferred right to pursue cause of action concerning PIP benefits to medical provider — Error to enter summary judgment in favor of insurer