Volume 16

16 Fla. L. Weekly Supp. 515b

Online Reference: FLWSUPP 166 DUCHA

Insurance — Personal injury protection — Attorney’s fees — Prevailing medical provider

16 Fla. L. Weekly Supp. 189a

Online Reference: FLWSUPP 162GUTIE

Insurance — Personal injury protection — Attorney’s fees — Proposal or settlement — Attorney’s fees are awarded under offer of judgment statute where case was dismissed with prejudice for failure to comply with discovery orders — There is no language in case law or section 768.79 suggesting that attorney’s fees may only be awarded if judgment is made on merits of case

16 Fla. L. Weekly Supp. 635a

Online Reference: FLWSUPP 162ANDE2

Insurance — Personal injury protection — Appeals — Issues not raised below — Appellate court will not consider issues on standing and entitlement to attorney’s fees not raised below — Standing — Alter ego — Physician/assignee who is sole shareholder of medical provider cannot utilize alter ego doctrine to attain standing to sue in own name for medical provider’s services — Attorney’s fees — Judiciable issues — No merit to claim that trial court erred in assessing section 57.105 fees against physician after stating that assignment of benefits presented justiciable issues upon which physician could have reasonably believed he could prevail where transcript reveals that trial court never determined that assignment presented justiciable issues

16 Fla. L. Weekly Supp. 956b

Online Reference: FLWSUPP 1610BUIS

Insurance — Personal injury protection — Attorney’s fees — Justiciable issues — Where insurer asserted in answer that it did not issue policy to insured and notified medical provider and its attorney of name of proper carrier, insurer is entitled to award of attorney’s fees and costs — Where provider’s attorney was not acting in good faith, provider and attorney shall be jointly and severally responsible for fees and costs

16 Fla. L. Weekly Supp. 768c

Online Reference: FLWSUPP 168MORAL

Insurance — Personal injury protection — Attorney’s fees — Justiciable issues — Attorneys fees and costs are awarded to insurer under section 57.105 where medical provider filed suit against wrong corporate entity

16 Fla. L. Weekly Supp. 188a

Online Reference: FLWSUPP 162MEJIA

Insurance — Personal injury protection — Attorney’s fees — Justiciable issues — Where at time of filing suit attorney for medical provider had actual and constructive knowledge that any claim by provider for PIP benefits had been extinguished by prior settlement months earlier, insurer’s attorney’s fees are assessed against attorney

16 Fla. L. Weekly Supp. 920a

Online Reference: FLWSUPP 1610ORTI

Insurance — Personal injury protection — Attorney’s fees — Justiciable issues — Error to deny award of attorney’s fees to insurer where medical provider pursued suit for six months after discovery despite sworn discovery asserting lack of coverage due to expiration of policy prior to accident

16 Fla. L. Weekly Supp. 768d

Online Reference: FLWSUPP 168MUNOZ

Insurance — Personal injury protection — Attorney’s fees — Justiciable issues — Where summary judgment was granted in favor of insurer based on invalid demand letter, insurer is entitled to award of attorney’s fees pursuant to section 57.105(1)(a)

16 Fla. L. Weekly Supp. 196b

Online Reference: FLWSUPP 162WADE

Insurance — Personal injury protection — Attorney’s fees — Justiciable issues — Where prior to filing complaint medical provider and its attorney were provided with explanations of benefits putting them on notice that benefits had been exhausted, and prior to voluntary dismissal provider and attorney were provided with PIP log reflecting payments up to policy limits, provider and attorney knew or should have known that claim when initially presented was not justiciable — Attorney’s fees and costs awarded to insurer

16 Fla. L. Weekly Supp. 578a

Online Reference: FLWSUPP 166SIRIA

Insurance — Personal injury protection — Attorney’s fees — Justiciable issues — Where medical provider and its attorneys knew or should have known that claim, when initially presented, was not supported by material facts necessary to establish claim and would not be supported by application of then-existing law to material facts, attorney’s fees and costs are awarded to insurer