Volume 12

12 Fla. L. Weekly Supp. 371a

Attorney’s fees — Insurance — Personal injury protection — Contingency risk multiplier — Where counsel for medical provider was employed on pure contingency basis, relevant market does require multiplier to obtain competent counsel, counsel was unable to mitigate risk of nonpayment in any way, and likelihood of success at outset of case was more than 50%, multiplier of 1.5 is appropriate — Expert witness fee and costs awarded

12 Fla. L. Weekly Supp. 243a

Attorney’s fees — Insurance — Personal injury protection — Contingency risk multiplier — Multiplier is not applicable where relevant market did not require multiplier to obtain competent counsel even though counsel was employed on pure contingency basis and was unable to mitigate risk of nonpayment — Expert witness fee and costs awarded

12 Fla. L. Weekly Supp. 234b

Attorney’s fees — Insurance — Personal injury protection — Contingency risk multiplier — Where likelihood of success was more likely even at outset, multiplier of 1.0 is reasonable — Expert witness fee, costs, and prejudgment interest awarded

12 Fla. L. Weekly Supp. 501c

Attorney’s fees — Insurance — Personal injury protection — Contingency risk multiplier — Where relevant market requires application of multiplier for medical provider to find competent counsel, amount in controversy was small, results obtained were excellent, contingency fee contract utilized was pure contingency fee agreement, and chance of success at outset was less than 50%, multiplier of 2.0 is appropriate — Costs, expert witness fee, and prejudgment interest awarded

12 Fla. L. Weekly Supp. 402a

Attorney’s fees — Insurance — Personal injury protection — Contingency risk multiplier — Where attorney undertook representation of medical provider pursuant to pure contingency fee agreement, and medical provider’s chances of success at outset were approximately even, contingency risk multiplier of 1.75 is appropriate — Expert witness fee, costs, and prejudgment interest are awarded

12 Fla. L. Weekly Supp. 401b

Attorney’s fees — Insurance — Personal injury protection — Contingency risk multiplier — Where counsel undertook representation of medical provider pursuant to pure contingency fee agreement, market in jurisdiction requires contingency risk multiplier to obtain competent counsel in like cases, and provider’s chances of success at outset of case were unlikely, multiplier of 2.0 is appropriate — Expert witness fees, costs, and prejudgment interest awarded

12 Fla. L. Weekly Supp. 401a

Attorney’s fees — Insurance — Personal injury protection — Contingency risk multiplier — Where counsel undertook representation of medical provider pursuant to pure contingency fee agreement, market in jurisdiction requires contingency risk multiplier to obtain competent counsel in like cases, and provider’s chances of success at outset of case were more likely than not, multiplier of 1.5 is appropriate — Expert witness fees, costs, and prejudgment interest awarded

12 Fla. L. Weekly Supp. 400a

Attorney’s fees — Insurance — Personal injury protection — Contingency risk multiplier — Where counsel undertook representation of medical provider pursuant to pure contingency fee agreement, market in jurisdiction requires contingency risk multiplier to obtain competent counsel in like cases, and provider’s chances of success at outset of case were unlikely, multiplier of 2.0 is appropriate — Expert witness fees, costs, and prejudgment interest awarded

12 Fla. L. Weekly Supp. 1139a

Insurance — Automobile — Appeal of judgment in favor of finance company in action against insurer that refused to make payment to company for total loss of financed vehicle, arguing that trial court erred in denying claims for prejudgment interest, attorney’s fees and costs — Standing — Where insurance declarations identified finance company as lienholder, and parties’ witnesses referred to company as lienholder or loss payee, insurer acknowledged that company was beneficiary under policy and had standing to pursue breach of contract claim — Breach of settlement agreement — Prejudgment interest — Where finance company prevailed on breach of settlement claim, but findings of trial court do not indicate whether settlement agreement was written or oral, and it cannot be determined from record that agreement was written, company is not entitled to prejudgment interest — Attorney’s fees — Where finance company that was intended beneficiary under policy prevailed because insurer confessed to judgment by electing to settle disputed claim after company filed complaint and because company prevailed on breach of settlement claim, company is entitled to award of attorney’s fees — Costs — Insurer concedes that finance company is entitled to award of costs

12 Fla. L. Weekly Supp. 563b

Attorney’s fees — Insurance — Personal injury protection — Confession of judgment — Payment of benefits after suit filed — Where insurer denied claim and then paid claim post-suit after being noticed for second time through unnecessary “demand letter” from medical provider’s billing agent, payment operates as confession of judgment and provider is entitled to award of attorney’s fees