Volume 17

17 Fla. L. Weekly Supp. 91a

Online Reference: FLWSUPP 1702DOZIInsurance — Personal injury protection — Attorney’s fees — Where medical provider voluntarily withdrew first suit against insurer and thereafter filed second suit which resulted in insurer’s entry of confession of judgment, trial court erred in awarding provider attorney’s fees for both cases since provider failed either to comply with rule 1.525 requirement to file motion for fees within 30 days after filing of judgment in first case or to demonstrate excusable neglect — Order awarding fees for first case is reversed

17 Fla. L. Weekly Supp. 616a

Online Reference: FLWSUPP 1708LEB2Attorney’s fees — Insurance — Personal injury protection — Where order granting summary judgment in favor of medical provider was reversed on appeal, order awarding attorney’s fees to provider must also be reversed

17 Fla. L. Weekly Supp. 887a

Online Reference: FLWSUPP 1710ALFO

NOT FINAL VERSION OF OPINION
Subsequent Changes at 19 Fla. L. Weekly Supp. 6dInsurance — Personal injury protection — Interest — Attorney’s fees — Where it was undisputed that insurer paid providers all benefits prior to demand letter filed by insured’s counsel and prior to filing of lawsuit, but insurer miscalculated interest due with respect to two of the six providers whose bills were paid; record reflects that at no time did plaintiff, through counsel, advise insurer of the amount of interest owing and, in fact, waited fourteen months before filing defective demand letter; and, although complaint alleged that action was for damages in excess of $100.01, the amount of interest miscalculation was actually less than $3, doctrine of “de minimis non curat lex” precludes any lawsuit — Trial court erred in entering judgment in favor of plaintiff and in awarding attorney’s fees and costs to plaintiff

17 Fla. L. Weekly Supp. 194a

Online Reference: FLWSUPP 1703THOMInsurance — Personal injury protection — Attorney’s fees — Justiciable issues — Where benefits had not been exhausted at time suit was filed, and there was no evidence to suggest claim lacked merit, insurer’s motion for attorney’s fees is denied

17 Fla. L. Weekly Supp. 295a

Online Reference: FLWSUPP 1704POLLInsurance — Personal injury protection — Attorney’s fees — Discovery — Depositions — Motion to depose medical provider’s attorney regarding attorney’s fees denied as “overkill”

17 Fla. L. Weekly Supp. 125a

Online Reference: FLWSUPP 1702MORRInsurance — Personal injury protection — Attorney’s fees — Confession of error — Where there was dispute as to whether plaintiff was insured under policy, insurer’s production of policy information demanded in suit was equivalent of confession of judgment or settlement warranting award of fees and costs — Discovery — Production of billing records

17 Fla. L. Weekly Supp. 82a

Online Reference: FLWSUPP 1702DMATInsurance — Personal injury protection — Discovery — Depositions — Treating physician — Error to require insurer to pay expert witness fees to take deposition of treating physician — Notice of loss — Timeliness — Where there is no indication that insurer who received notice one and half months after accident and thereafter delayed several months before taking examination under oath and several more months before reviewing EUO sustained any prejudice from late notice, trial court did not err in entering summary judgment in favor of medical provider on issue of late notice — Attorney’s fees granted in favor of provider, who is prevailing party on significant issues in litigation

17 Fla. L. Weekly Supp. 1031b

Online Reference: FLWSUPP 1710DOUGInsurance — Personal injury protection — Standing — Medical provider that does not have assignment of benefits does not have standing to maintain action against insurer — Equitable assignment is prohibited in PIP claims — Attorney’s fees — Justiciable issues — Insurer’s payment of disputed claim upon receipt of presuit demand letter from medical provider after suit brought by insured was dismissed for failure to comply with court orders requiring her attendance at depositions does not amount to confession of judgment entitling provider or insured to attorney’s fees — Further, where insurer paid claim under safe harbor provision of section 627.736(10)(a), provider was precluded from bringing action against insurer, and insurer cannot be held liable for attorney’s fees

17 Fla. L. Weekly Supp. 1234a

Online Reference: FLWSUPP 1712DOUGInsurance — Personal injury protection — Attorney’s fees — Confession of judgment — Where insurer defended lawsuit and only paid claim after case was dismissed, insurer’s payment of claim was not functional equivalent of confession of judgment — Further, where payment of claim was made within 15 days of receipt of demand letter served after dismissal of suit, medical provider cannot bring suit against insurer, and insurer cannot be held liable for attorney’s fees

17 Fla. L. Weekly Supp. 12b

Online Reference: FLWSUPP 1701MOHAInsurance — Personal injury protection — Attorney’s fees — Award of fees is supported by competent substantial evidence where trial court stated that hours expended by medical provider’s attorneys were reasonable based on conduct of insurer in denying claim for PIP benefits, manner in which case was defended, amount of time attorneys needed to bring case to conclusion, amount recovered, and specific factors discussed in case law and Rules of Professional Responsibility