Volume 12

12 Fla. L. Weekly Supp. 344a

Insurance — Personal injury protection — No error in granting final summary judgment to insurer and denying medical provider’s motion for summary judgment as to attorney’s fees — Suit for unpaid claim for Flex C.S.O. Support was premature where medical provider filed suit prior to providing invoice for support requested by insurer, and insurer made full payment of claim within ten days of receiving invoice pursuant to court order compelling production

12 Fla. L. Weekly Supp. 183a

Attorney’s fees — Insurance — Personal injury protection — Confession of judgment — Where insured’s obligation to pay outstanding medical bills was resolved in insured’s favor by settlement between insured and medical provider after insured filed suit against insurer, suit resulted in equivalent of confession of judgment and insured is entitled to award of attorney’s fees even though settlement was not between parties to suit and did not result in any payments to insured or provider

12 Fla. L. Weekly Supp. 431a

Attorney’s fees — Insurance — Personal injury protection — Prevailing medical provider — Where trial court granted insurer’s motion to dismiss due to exhaustion of policy limits and subsequently vacated dismissal, reinstated action and awarded attorney’s fees and costs to provider based on finding that provider was entitled to award for having to sue to get PIP payout log and find out status of availability of benefits, trial court erred in awarding fees since no final judgment has been rendered against insurer

12 Fla. L. Weekly Supp. 73b

Attorney’s fees — Insurance — Personal injury protection — Noncompliance with fictitious name statute — Insurer’s request for attorney’s fees based on medical provider’s failure to comply with fictitious name statute is denied — Failure of provider to comply with statute may not have had any effect on outcome of case and its voluntary dismissal, and insurer has failed to meet burden to show how it was aggrieved by provider’s failure to give appropriate notice of real party in interest

12 Fla. L. Weekly Supp. 73a

Attorney’s fees — Insurance — Personal injury protection — Noncompliance with fictitious name statute — Insurer’s request for attorney’s fees based on medical provider’s failure to comply with fictitious name statute is denied — Failure of provider to comply with statute may not have had any effect on outcome of case and its voluntary dismissal, and insurer has failed to meet burden to show how it was aggrieved by provider’s failure to give appropriate notice of real party in interest

12 Fla. L. Weekly Supp. 1179b

Attorney’s fees — Insurance — Personal injury protection — Amount — Attorney’s fees awarded without application of contingency risk multiplier — Expert witness fee, costs and prejudgment interest awarded

12 Fla. L. Weekly Supp. 1176b

Attorney’s fees — Insurance — Personal injury protection — Amount — Attorney’s fees, expert witness fee, costs and prejudgment interest are awarded pursuant to agreement of parties

12 Fla. L. Weekly Supp. 543a

Attorney’s fees — Insurance — Personal injury protection — Offer of settlement — Where insurer and medical provider entered into settlement agreement without consent of insureds and without addressing issue of attorney’s fees, and record is unclear whether provider will pursue insureds for any outstanding fees above what insurer has paid to provider, insureds may still maintain cause of action for breach of contract against insurer notwithstanding insurer’s indication that it will indemnify insureds if provider seeks payment from them — Order denying insureds’ motions for attorney’s fees is reversed, case is remanded for factual determination of when insurer’s initial offer of settlement was made, and trial court is directed to make determination of appropriate fees if initial offer was made after insured filed suit against insurer

12 Fla. L. Weekly Supp. 182b

Attorney’s fees — Insurance — Personal injury protection — Offer of judgment — Applicability of statute

12 Fla. L. Weekly Supp. 127a

Attorney’s fees — Insurance — Timeliness of motion for attorney’s fees — Where trial court entered final judgment and reserved jurisdiction to award fees, reservation of jurisdiction extended 30-day time limit for filing motion for attorney’s fees