Volume 17

17 Fla. L. Weekly Supp. 164b

Online Reference: FLWSUPP 1703BURRInsurance — No error in holding that insurer is not liable for interest on overdue payments where benefits had been exhausted during pendency of suit — Attorney’s fees — Offer of judgment — Argument that $1 offer of judgment was not made in good faith, which was not raised before trial court, was not preserved for appeal — Trial court’s conclusion that offer was made in good faith is supported by record — Challenge to amount of attorney’s fees awarded based on claim that trial court did not hear expert testimony fails where expert was present, and record does not reflect that court did not hear from expert — Minor litigant — No merit to argument that judgment is invalid due to nonage of insured where case was litigated for four years before fact of nonage was disclosed, revelation did not occur until after insured had become an adult, and insured was adult at time judgment was entered — Further, appointment of guardian is unlikely to have had any effect on outcome of case, and reasonable pre-suit investigation by insured’s attorney would have revealed her incapacity

17 Fla. L. Weekly Supp. 264a

Online Reference: FLWSUPP 1704JOASInsurance — Personal injury protection — Attorney’s fees — Timeliness of motion — Thirty-day time requirement under rule 1.525 does not apply where trial court’s order memorializing parties’ stipulation to reasonable attorney’s fees has already determined medical provider’s entitlement to fees and costs

17 Fla. L. Weekly Supp. 609a

Online Reference: FLWSUPP 1707ULYSInsurance — Attorney’s fees — Justiciable issues — Safe harbor provision — Sanction for insurer’s failure to comply with 21-day safe harbor provision of section 57.105 is denial of motion for attorney’s fees

17 Fla. L. Weekly Supp. 1083a

Online Reference: FLWSUPP 1711RIVEInsurance — Personal injury protection — Error to refuse to consider peer review affidavit and report because peer reviewer did not personally examine claimant — Attorney’s fees — Insurer’s motion to grant attorney’s fees pursuant to section 57.105 because provider continued to defend its erroneous position after issues in the case were definitively decided by the district court of appeals is denied under circumstances of this case, notwithstanding provider’s failure to respond to motion within twenty-one days

17 Fla. L. Weekly Supp. 201a

Online Reference: FLWSUPP 1703GRE2Insurance — Personal injury protection — Attorney’s fees — Justiciable issues — Where accident occurred after insured’s policy was cancelled for nonpayment of premiums, prevailing insurer is entitled to award of attorney’s fees and costs pursuant to section 57.105 — Proposal for settlement — Insurer is also entitled to attorney’s fees and costs where plaintiff failed to accept proposal for settlement within 30 days

17 Fla. L. Weekly Supp. 385b

Online Reference: FLWSUPP 1705BAEZ Insurance — Attorney’s fees — Proposal for settlement — Justiciable issues

17 Fla. L. Weekly Supp. 380a

Online Reference: FLWSUPP 1705WESTInsurance — Attorney’s fees — Justiciable issues — Prevailing insurer

17 Fla. L. Weekly Supp. 772a

Online Reference: FLWSUPP 1709RAMIInsurance — Attorney’s fees — Prejudgment interest — No abuse of discretion in awarding prevailing medical provider prejudgment interest on attorney’s fee award for three-year period during which motion for attorney’s fees was not set for hearing where insurer failed to provide explanation as to why it did not set fee hearing itself rather than wait on provider to do so, and burden of nonpayment of fees is fairly placed on party whose obligation to pay fees has been fixed

17 Fla. L. Weekly Supp. 273a

Online Reference: FLWSUPP 1704RAHAInsurance — Florida Insurance Guaranty Association — Attorney’s fees — Immunity — Where insureds have not established affirmative denial of claim by association, they are not entitled to award of attorney’s fees

17 Fla. L. Weekly Supp. 917a

Online Reference: FLWSUPP 1710OCCIInsurance — Personal injury protection — Attorney’s fees — No abuse of discretion in awarding fees to plaintiff’s attorney’s fee expert or in hourly rate used to calculate fees for plaintiff’s attorneys and fee expert — Issue of expert witness’s hourly rate was not waived by absence of formal objection in trial court where action was decided by court without jury