Volume 12

12 Fla. L. Weekly Supp. 968a

Attorney’s fees — Insurance — Personal injury protection — Amount — Contingency risk multiplier — Where contingency fee retainer agreement between medical provider and attorney was pure contingency fee agreement, and attorney was not able to mitigate the risk of nonpayment in any way, but relevant market did not require contingency fee multiplier to obtain competent counsel, multiplier is not applicable — Prejudgment interest, expert witness fee and costs awarded

12 Fla. L. Weekly Supp. 965a

Attorney’s fees — Insurance — Personal injury protection — Amount — Contingency risk multiplier — Where contingency fee retainer agreement between medical providers and attorney was pure contingency fee agreement, but relevant market did not require contingency fee multiplier to obtain competent counsel, multiplier is not applicable — Prejudgment interest, expert witness fee and costs awarded

12 Fla. L. Weekly Supp. 964a

Attorney’s fees — Insurance — Personal injury protection — Amount — Contingency risk multiplier — Where fee agreement between medical provider and attorney was pure contingency fee arrangement, and attorney was unable to mitigate risk of nonpayment in any way, but relevant market did not require contingency fee multiplier to obtain competent counsel, multiplier is not applicable — Prejudgment interest, expert witness fee, and costs awarded

12 Fla. L. Weekly Supp. 962a

Attorney’s fees — Insurance — Personal injury protection — Amount — Contingency risk multiplier — Where fee agreement between medical provider and attorney was pure contingency fee arrangement, relevant market did require contingency fee multiplier to obtain competent counsel, attorney was unable to mitigate risk of nonpayment in any way, and provider’s likelihood of success at outset of case was 50/50, multiplier of 1.5 is applicable — Prejudgment interest, expert witness fee, and costs awarded

12 Fla. L. Weekly Supp. 960b

Attorney’s fees — Insurance — Personal injury protection — Amount — Contingency risk multiplier — Where PIP action was contingency case that could be lost, attorneys take care in accepting such cases, finding competent attorney willing to handle high volume of very contentious cases is no easy task, PIP practice is specialty that precludes other opportunities, and medical provider has lasting relationship with counsel, contingency risk multiplier of 1.5 is appropriate — Expert witness fee, costs and prejudgment interest are awarded

12 Fla. L. Weekly Supp. 959b

Attorney’s fees — Insurance — Personal injury protection — Amount — Contingency risk multiplier — Where likelihood of success at onset of case was approximately even, contingency risk multiplier of 1.75 should be applied — Expert witness fee and prejudgment interest awarded

12 Fla. L. Weekly Supp. 814a

Attorney’s fees — Insurance — Personal injury protection — Contingency risk multiplier — Where market requires multiplier to procure competent counsel, attorney was not able to mitigate risk of nonpayment because insured could not afford hourly representation and attorney was not representing insured in any other action, there was significant time and labor involved in case, insured and attorney had pure contingency fee agreement, attorney obtained best possible result for insured, and at outset of case it was unlikely insured would prevail against insurer’s claim that policy was void ab initio due to insured’s failure to acknowledge on application that he used vehicle for business purposes, multiplier of 2.0 is appropriate — Costs, expert witness fee, paralegal fees and prejudgment interest awarded

12 Fla. L. Weekly Supp. 573a

Attorney’s fees — Insurance — Personal injury protection — Medical provider is awarded attorney’s fees for prevailing as to one insured, and insurer is awarded fees for successful defense as to second insured — Contingency risk multiplier — Where medical provider’s likelihood of success at outset of case was more likely even, multiplier of 1.5 is appropriate — Insurer is awarded fees at stipulated lodestar amount — Expert witness fees, costs and prejudgment interest awarded

12 Fla. L. Weekly Supp. 572a

Attorney’s fees — Insurance — Personal injury protection — Contingency risk multiplier — Where medical provider’s attorney undertook representation on pure contingency fee basis, market requires contingency risk multiplier to obtain competent counsel in like cases, and provider’s chances of success at outset were approximately even, multiplier of 1.75 is applicable — Costs, expert witness fees and prejudgment interest awarded

12 Fla. L. Weekly Supp. 380b

Attorney’s fees — Insurance — Personal injury protection — Contingency risk multiplier of 1.75 is appropriate where case was difficult and risky from outset of litigation, county has few attorneys willing and capable of becoming competent counsel in practice area, and area of practice is especially difficult dealing with this insurer — Costs and prejudgment interest awarded — Expert witness fee affidavit not filed in time to allow insurer sufficient and reasonable time to take expert’s deposition is stricken