Volume 13

13 Fla. L. Weekly Supp. 746a

Attorney’s fees — Insurance — Automobile — Confession of judgment — Summary judgment — Opposing affidavit — Claims manager’s affidavit in opposition to insured’s motion for summary judgment is stricken where affidavit contains statements based on manager’s understanding of underlying issues, not on personal knowledge — Insurer’s payment for vehicle damage after suit was filed was functional equivalent of confession of judgment entitling insured to recover attorney’s fees and costs, irrespective of fact that insurer had offered to pay same amount to insured pre-suit but failed to make payment before suit was filed — Insured is also entitled to fee award for time spent litigating entitlement to fees

13 Fla. L. Weekly Supp. 638a

Attorney’s fees — Insurance — Personal injury protection — Proposal for settlement — Nominal offer — Proposal for settlement offering $100 was not made in bad faith where insurer had reasonable foundation to conclude that its exposure was nominal based on reduced payment of claim and clearly deficient demand letter — Disposition on merits — No merit to argument that proposal for settlement has not been triggered because cause was not disposed of on merits where final judgment was entered against medical provider based on entry of summary judgment — Lump sum offer — Offer that does not include breakdown between damages and attorney’s fees is not deficient where rule only requires that offer state whether it includes attorney’s fees — Motion to tax fees and costs granted

13 Fla. L. Weekly Supp. 629b

Attorney’s fees — Insurance — Personal injury protection — Proposal for settlement — Insurer’s proposal for settlement for $100 was not made in bad faith — Prevailing insurer is entitled to award of attorney’s fees and costs

13 Fla. L. Weekly Supp. 181b

Attorney’s fees — Insurance — Personal injury protection — Proposal for settlement — Good faith — Although insurer’s $100 settlement offer was substantially less than amount claimed by medical provider and could not have included attorney’s fees and costs, where offer was served before provider’s counsel had expended substantial amount of time on case, and insurer possessed documents that demonstrated that insured’s benefits had been exhausted, provider failed to establish that offer was not made in good faith — Motion to enforce proposal for settlement and tax fees and costs granted

13 Fla. L. Weekly Supp. 684b

Attorney’s fees — Insurance — Personal injury protection — Appeals — Where another appellate panel has reversed in part and remanded underlying case, award of attorney’s fees to medical provider based on prevailing in underlying case is reversed

13 Fla. L. Weekly Supp. 892a

Attorney’s fees — Insurance — Personal injury protection — Prevailing party — Where medical provider accepted proposal for settlement for amount equal to or less than amount offered in settlement prior to suit being filed, provider is not prevailing party entitled to attorney’s fees or costs

13 Fla. L. Weekly Supp. 169b

Attorney’s fees — Insurance — Personal injury protection — Hourly rate — $175 per hour, rather than requested $250 per hour, is reasonable rate for simple PIP case in county court — Hours expended — Reasonable amount of time expended on case is reduced from requested 55.7 hours to 17 hours after elimination of time not compensable as attorney time and time not reasonable and necessary

13 Fla. L. Weekly Supp. 350b

Insurance — Personal injury protection — Attorney’s fees

13 Fla. L. Weekly Supp. 1006c

Attorney’s fees — Insurance — Personal injury protection — Declaratory judgment — Despite fact that insured filed petition for declaratory relief, insurer is entitled to award of attorney’s fees and costs where real issue in case is damages for PIP benefits and insured failed to accept offer of judgment made pursuant to section 768.79

13 Fla. L. Weekly Supp. 1154b

Attorney’s fees — Insurance — Personal injury protection — Offer of judgment — Where insurer made offer of judgment of $750, jury returned verdict of $0 in favor of insurer, but court directed verdict against insurer due to underpayment of one medical bill and entered judgment of $1.26 for balance of bill and interest, provider is entitled to award of attorney’s fees incurred prior to date of offer of judgment, and insurer is entitled to award of attorney’s fees incurred subsequent to offer