Volume 16

Case Search

AMERICAN SUPPLY & EQUIPMENT CORP., a/a/o Nicole Ramirez, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant.

16 Fla. L. Weekly Supp. 963c

Online Reference: FLWSUPP 1610RAMI

Insurance — Personal injury protection — Attorney’s fees — Amount — Contingency risk multiplier is not applicable where medical provider failed to present sufficient evidence that it had difficulty obtaining competent counsel, and there was ongoing attorney-client relationship between provider and counsel — Costs, expert witness fees, and interest awarded

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IRITH SAJET, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

16 Fla. L. Weekly Supp. 427a

Online Reference: FLWSUPP 165SAJET

Insurance — Personal injury protection — Attorney’s fees — Contingency risk multiplier is available under section 627.428, despite fact that it is fee-shifting statute — Court declines to award multiplier where it finds it is almost inconceivable that competent counsel could not be found to take routine PIP claim with guaranteed lodestar determination of fees for successful insured in absence of multiplier — Limited expert witness fee is awarded where, although expert is not required for court to determine whether to apply multiplier and hourly rate was stipulated to, stipulation did not occur until date of hearing

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OLGA L. RESTREPO, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, a Florida Corporation, Defendant.

16 Fla. L. Weekly Supp. 338b

Online Reference: FLWSUPP 164RESTR

Insurance — Personal injury protection — Attorney’s fees — Contingency risk multiplier — Where attorney represented insured under pure contingency fee arrangement and was not able to mitigate risk of nonpayment in any way, but market does not require contingency fee multiplier to obtain competent counsel, multiplier is not applicable — Costs and prejudgment interest awarded

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