Volume 16

16 Fla. L. Weekly Supp. 1149b

Online Reference: FLWSUPP 1612WALT

Insurance — Workers’ compensation — First party bad faith action — Discovery — Work product — Attorney-client privilege — Comments in workers’ compensation adjuster’s notes regarding communications between carrier and its attorney discussing management of underlying workers’ compensation claim and how to defend it before workers’ compensation court are redacted from documents produced before delivery to plaintiff

16 Fla. L. Weekly Supp. 513a

Online Reference: FLWSUPP 166BEST

Insurance — Automobile — Appeals — Absence of transcript — Without transcript it is not possible to determine whether trial court erred by allowing insurer to bring court stenographer to trial — No abuse of discretion in allowing claims adjuster to testify and excluding from evidence letter informing insured that his premiums were paid up to date

16 Fla. L. Weekly Supp. 131a

Online Reference: FLWSUPP 162MESA

Insurance — Automobile — Dismissal of action for breach of contract and declaratory relief against insurer that failed to pay vehicular sales tax for stolen vehicle prior to purchase of replacement vehicle and based sales tax payment on value of replacement vehicle rather than stolen vehicle — Appeals — Record — Sufficiency — Where transcript of hearing below is unavailable because there was no court reporter present, insured did not prepare statement of evidence, record neither reveals arguments presented to trial court nor reasoning applied by court in granting insurer’s motion to dismiss, and there is no record of motion to dismiss other than brief notation in court minutes, record is insufficient to support determination that trial court erred

16 Fla. L. Weekly Supp. 1160b

Online Reference: FLWSUPP 1612PAUL

Insurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Ambiguity

16 Fla. L. Weekly Supp. 705b

Online Reference: FLWSUPP 168RUMBO

Insurance — Personal injury protection — Attorney’s fees — No abuse of discretion in awarding attorney’s fees to medical provider for time spent litigating motion to disqualify provider’s counsel from participating in fee hearing — Defense of motion was litigation over entitlement to fees

16 Fla. L. Weekly Supp. 1122a

Online Reference: FLWSUPP 1612ESPA

Insurance — Personal injury protection — Attorney’s fees — Motion to enforce settlement agreement — Trial court did not err in finding that insured was not entitled to attorney’s fees for filing motion to enforce settlement agreement where there is no showing that insurer’s payment of settlement proceeds and additional interest was direct result of motion to enforce settlement, attorney’s fees and costs for declaratory action that resulted in settlement were included in settlement, insurer never contested settlement and, although insured was on notice that payment of settlement proceeds could be delayed by insurer’s counsel moving offices, insurer did not attempt to communicate with insurer’s counsel before filing motion to enforce settlement

16 Fla. L. Weekly Supp. 731b

Online Reference: FLWSUPP 168HURTA

Insurance — Personal injury protection — No error in entering final judgment for medical provider and awarding attorney’s fees where insurer refused to issue draft without endorsement which it admits is unenforceable

16 Fla. L. Weekly Supp. 531a

Online Reference: FLWSUPP 166SIEGF

Insurance — Personal injury protection — Attorney’s fees — Where medical provider withdrew all bills for service to insured on morning of day of hearing on insurer’s verified petition for pure bill of discovery/motion for discovery and motion for good cause, but hearing proceeded as scheduled, insurer is entitled to attorney’s fees for appearance at hearing and court reporter fees for certificates of nonappearances

16 Fla. L. Weekly Supp. 864b

Online Reference: FLWSUPP 169BRIGA

Insurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Where nominal offer of settlement was made without knowledge of exhaustion of benefits defense on which insurer prevailed, but instead was based on other defenses on which medical provider prevailed, offer bore no relationship to realistic assessment of liability under facts known to insurer’s counsel at time offer was made and was not made in good faith — Motion for attorney’s fees and costs denied

16 Fla. L. Weekly Supp. 915a

Online Reference: FLWSUPP 1610GUZM

Insurance — Personal injury protection — Denial of benefits — Valid medical report — Although trial court erred in striking peer review because it was not procured within 30 days of notice of claim, decision in favor of insured is affirmed based on insurer’s failure to obtain valid medical report prior to denial of claim — No error in denying insurer’s request to review insured’s retainer agreement where there was no formal discovery request for production of agreement