Volume 16

16 Fla. L. Weekly Supp. 410a

Online Reference: FLWSUPP 165MASSI

Insurance — Personal injury protection — Attorney’s fees — Amount — No abuse of discretion in awarding attorney and paralegal hourly rates and number of hours that are supported by competent substantial evidence, despite existence of conflicting evidence — Contingency risk multiplier — Abuse of discretion to award multiplier where there is no evidence that insured had difficulty obtaining competent counsel, issue of treatment after IME cutoff was not novel, and any novelty or difficulty in discovery of fraud in case is reflected in number of hours awarded

16 Fla. L. Weekly Supp. 392c

Online Reference: FLWSUPP 165GONZ2

Insurance — Personal injury protection — Attorney’s fees — Evidence — Retainer agreement — Where medical provider failed to produce retainer agreement, appellate court is unable to determine whether fee awarded by trial court exceeded that permitted by agreement — Remand to conduct new attorney’s fees hearing in light of retainer agreement — No attorney-client privilege applies to retainer agreement and billing information unless they reveal mental impressions and opinions of counsel — If agreement does reveal privileged information, it may be redacted

16 Fla. L. Weekly Supp. 409a

Online Reference: FLWSUPP 165SMITH

Insurance — Personal injury protection — Attorney’s fees — Evidence — Where insurer objected to attorney’s affidavit and attached time log on basis that documents were hearsay, and insurer was unable to present evidence to establish that documents met business records exception to hearsay rule or present other admissible evidence of hours attorney spent on case, trial court did not err in excluding affidavit and time records and denying award of fees for attorney’s time — Expert witness fee — Error to deny award of fees for expert who testified at fee hearing

16 Fla. L. Weekly Supp. 1065b

Online Reference: FLWSUPP 1611LOCK

Insurance — Personal injury protection — Demand letter — Insured substantially complied with demand letter requirement by sending demand letter, which insurer acknowledged receiving, to correct address of individual designated by insurer for receipt of demand letters, although insured did not specify individual’s name — Standing — Assignment — Where insurer has not presented record evidence that insured executed assignments to the medical providers whose charges are at issue, motion for summary judgment is denied in part, but court will revisit issue if insurer presents record evidence of assignments

16 Fla. L. Weekly Supp. 358d

Online Reference: FLWSUPP 164FAJAR

Insurance — Personal injury protection — Notice of loss — Disputed issue of material fact exists as to whether notice of initiation of treatment was timely provided where postmark on envelope in which provider sent notice was unclear and appeared to indicate date that was federal holiday — Postmark clearly showed that subsequent bills were not timely submitted, and insurer’s motion for summary judgment with respect to these bills is granted — Professional license number — Insurer is not obligated to pay bills that lack physician’s professional license number — Standing — Assignment — In absence of evidence of any demonstrated confusion or prejudice arising from use of shortened version of provider’s name in assignment, insurer is not entitled to summary judgment on issue of standing — Limitation of actions — Insurer’s motion for summary judgment is granted as to bills that became overdue more than five years prior to filing of suit

16 Fla. L. Weekly Supp. 596a

Online Reference: FLWSUPP 166HERAR

Insurance — Personal injury protection — Standing — Assignment — Where only assignment of benefits for treatment of named insured’s minor child in existence at time of filing suit was signed by child’s adult sister, medical provider did not have valid assignment and, therefore, did not have standing to file suit — Provider’s motion to amend complaint to attach assignment is denied where neither assignment signed by sister nor later assignment signed by named insured after suit was filed was valid assignment — Motion to dismiss granted

16 Fla. L. Weekly Supp. 954b

Online Reference: FLWSUPP 1610PERL

Insurance — Personal injury protection — Standing — Assignment — Medical provider has standing pursuant to assignment of benefits in which “Inc.” was omitted from provider’s name where there was no dispute or confusion as to proper identity of provider and no dispute that insured intended to assign benefits to provider

16 Fla. L. Weekly Supp. 675b

Online Reference: FLWSUPP 167GEORG

Insurance — Personal injury protection — Standing — Assignment — Document that authorizes insurer to release information regarding insured to medical provider and to make payment directly to provider, but which does not transfer insured’s legal rights to provider, is not valid assignment — Coverage — Medical bills — Exhaustion of policy limits — Where provider’s initial bill sent to insurer was received without assignment of benefits, and insurer thereafter received and paid bill from hospital that is lien facility, insurer properly exhausted PIP benefits through payment to hospital

16 Fla. L. Weekly Supp. 113a

Insurance — Personal injury protection — Standing — Assignment — Medical provider cured any alleged defect in assignment directed to entity that was not registered as fictitious name until after suit was filed by registering fictitious name prior to any tender by insurer of sums due

16 Fla. L. Weekly Supp. 262a

Online Reference: FLWSUPP 163SCREE

Insurance — Personal injury protection — Standing — Assignment — Where insured on same date executed assignment purporting to assign PIP benefits to two separate medical providers owned by same person, assignment is nullity, and both providers lack standing to bring suit