Volume 16

16 Fla. L. Weekly Supp. 257a

Online Reference: FLWSUPP 163DANYS

Insurance — Personal injury protection — Attorney’s fees — Justiciable issues — Insurer entitled to recover fees from provider where at time medical provider filed suit, or any time prior to voluntary dismissal, provider knew or should have known that claim was not supported by material facts necessary to establish claim — Insurer has not met burden to prove entitlement to recover fees from provider’s attorney

16 Fla. L. Weekly Supp. 255a

Online Reference: FLWSUPP 163SANCH

Insurance — Personal injury protection — Attorney’s fees — Justiciable issues — Insurer entitled to recover fees from provider where at time medical provider filed suit, or any time prior to voluntary dismissal, provider knew or should have known that claim was not supported by material facts necessary to establish claim — Insurer has not met burden to prove entitlement to recover fees from provider’s attorney

16 Fla. L. Weekly Supp. 254a

Online Reference: FLWSUPP 163MERCA

Insurance — Personal injury protection — Attorney’s fees — Justiciable issues — Insurer entitled to recover fees from provider where at time medical provider filed suit, or any time prior to voluntary dismissal, provider knew or should have known that claim was not supported by material facts necessary to establish claim — Insurer has not met burden to prove entitlement to recover fees from provider’s attorney

16 Fla. L. Weekly Supp. 144a

Online Reference: FLWSUPP 162CRUZ

Insurance — Personal injury protection — Attorney’s fees — Justiciable issues — Although trial court erred as matter of law in applying language of pre-1999 version of statute when denying insurer award of attorney’s fees under section 57.105, order denying fees is affirmed where there is no reasonable probability that trial court’s decision would have been different had it applied correct legal standard due to lack of evidence of services performed, reasonableness of fee, or action’s frivolousness

16 Fla. L. Weekly Supp. 1136b

Online Reference: FLWSUPP 1612JEAN

Insurance — Personal injury protection — Attorney’s fees — Where Florida Insurance Guaranty Association failed to respond to demand letters, but did not affirmatively deny claim and stated in answer and affirmative defenses that it had approved payment of medical bills up to policy limits and less deductible, insured is not entitled to award of attorney’s fees against FIGA — FIGA is also not liable for interest

16 Fla. L. Weekly Supp. 631a

Online Reference: FLWSUPP 167MCWAN

Insurance — Personal injury protection — Attorney’s fees — Trial court violated due process by awarding attorney’s fees without holding evidentiary hearing to determine reasonableness and necessity of fees

16 Fla. L. Weekly Supp. 577c

Online Reference: FLWSUPP 166WILLI

Insurance — Personal injury protection — Attorney’s fees — Motion to strike time sheets filed after deadline for filing detailed itemization of time is denied where motion to extend time was filed but never ruled upon

16 Fla. L. Weekly Supp. 149a

Online Reference: FLWSUPP 162 ORTIZ

Insurance — Personal injury protection — Attorney’s fees — Evidence — Timesheets — No error in refusing to consider summary compilation of attorney’s timesheets from other cases offered by insurer to show mistakes in attorney’s billing in current case where insurer elicited substance of summary compilation from fee expert — Trial court did not err in deciding not to reduce amount of attorney’s fees on basis of testimony of insurer’s fee expert where decision is supported by competent substantial evidence in timesheets and testimony of insured’s attorney and his fee expert

16 Fla. L. Weekly Supp. 731a

Online Reference: FLWSUPP 168 BROWN

Insurance — Personal injury protection — Attorney’s fees — Expert witness fees — Where medical provider’s attorney’s fees expert testified that he expected to be paid for his services and that he found performing those services to be burdensome, and insurer did not provide court basis to reject that testimony, award of expert witness fees was required even though case settled shortly after it was filed — Where compensation for attorney’s travel time was not objected to below, issue was not preserved for review

16 Fla. L. Weekly Supp. 579a

Online Reference: FLWSUPP 166VERGI

Insurance — Attorney’s fees — Water removal company filing suit against insurer mere 19 days after submission of bill to insurer, without giving prior notice to initiate litigation or deadline for payment, was unreasonable — Company’s motion to tax attorney’s fees and costs denied