Volume 14

14 Fla. L. Weekly Supp. 305c

Insurance — Personal injury protection — Attorney’s fees — Charging lien — Where insurer had been placed on notice of claim by medical provider’s former counsel for attorney’s fees and costs pursuant to notice of charging lien prior to parties’ entry into settlement agreement for payment of PIP benefits, settlement agreement did not absolve insurer of obligation to compensate provider’s former counsel for reasonable fees and costs of representing provider prior to discharge

14 Fla. L. Weekly Supp. 1164c

Attorney’s fees — Insurance — Personal injury protection — Fees, costs, and prejudgment interest are awarded — Expert witness is not entitled to compensation — Objection to fees sought by second attorney, who did not appear at fee hearing, is sustained

14 Fla. L. Weekly Supp. 1149a

Attorney’s fees — Insurance — Personal injury protection — Amount

14 Fla. L. Weekly Supp. 893a

Attorney’s fees — Insurance — Personal injury protection — Amount

14 Fla. L. Weekly Supp. 645a

Attorney’s fees — Insurance — Personal injury protection — Justiciable issues — Unsupported defense — Attorney’s fees are taxed against insurer and insurer’s counsel for filing frivolous motion to dismiss for lack of standing based on alleged prior assignment to different medical provider where motion was not supported by allegations within four corners of complaint

14 Fla. L. Weekly Supp. 1135b

Attorney’s fees — Insurance — Personal injury protection — Justiciable issues — Medical provider who knew or should have known it failed to submit bill to insurer prior to demand letter and that benefits were exhausted prior to suit

14 Fla. L. Weekly Supp. 23a

Attorney’s fees — Insurance — Personal injury protection — Justiciable issues — Appeal of order vacating order that awarded section 57.105 fees to insurer upon finding that medical provider that filed suit two years after it had been notified that benefits were exhausted knew or should have known prior to filing suit that it did not have ripe, viable cause of action — Abuse of discretion for successor judge to vacate predecessor’s order awarding fees, based on desire for uniformity with alleged companion case, where provider demonstrated complete disregard for court’s controlling precedent regarding exhaustion of benefits, there was no merit to contention that insurer waived exhaustion of benefits defense by raising defense in motion for summary judgment without having filed answer, and predecessor judge’s finding that provider knew or should have known that claim was not supported by material facts or application of law was made in judgment that was not appealed and, therefore, is law of case

14 Fla. L. Weekly Supp. 588b

Attorney’s fees — Insurance — Personal injury protection — Justiciable issues — Time for response to motion for section 57.105 attorney’s fees is extended until after taking of depositions is concluded where documents on which motion for fees is based are inconsistent and could create confusion

14 Fla. L. Weekly Supp. 565a

Attorney’s fees — Insurance — Personal injury protection — Discovery — Insurer’s motion for attorney’s fees for bringing action against medical provider to resolve discovery dispute is denied where provider withdrew claims that were subject of discovery requests before court action was brought

14 Fla. L. Weekly Supp. 1152c

Attorney’s fees — Insurance — Personal injury protection — Evidence — Time records — Where, due to inadequate time records kept by insured’s counsel, there is confusion as to whether some work claimed by attorney was done by associate who bills at lower rate, disputed hours will be paid at lower rate — Fee award is further reduced to compensate insurer for time required to address discrepancies in time records — Expert witness fee, costs and prejudgment interest awarded