Volume 19

19 Fla. L. Weekly Supp. 75a

Online Reference: FLWSUPP 1902SMITInsurance — Personal injury protection — Attorney’s fees — No error in denying insured’s request for attorney’s fees where insured prevailed in declaratory action determining that PIP coverage existed but no monetary damages were awarded because PIP benefits had been exhausted by workers’ compensation lien

19 Fla. L. Weekly Supp. 888a

Online Reference: FLWSUPP 1910BACAInsurance — Attorney’s fees — Counsel for medical provider is entitled to attorney’s fees and costs for post-judgment work related to collection activities and proving entitlement to fees and costs

19 Fla. L. Weekly Supp. 802a

Online Reference: FLWSUPP 1910CUNIInsurance — Personal injury protection — Attorney’s fees — Reversal of underlying judgment requires reversal of fee award

19 Fla. L. Weekly Supp. 534a

Online Reference: FLWSUPP 1907ROMEInsurance — Personal injury protection — Attorney’s fees — Confession of judgment — Where insurer’s payment of claim was not unilateral decision catalyzed by initiated suit but was instead prompted by medical provider’s filing of second demand letter rectifying defect in first demand letter and by provider’s representations that it would not seek attorney’s fees if insurer paid claim pursuant to second demand letter, trial court erred in finding that payment constituted confession of judgment entitling provider to award of attorney’s fees

19 Fla. L. Weekly Supp. 806a

Online Reference: FLWSUPP 1910MORIInsurance — Personal injury protection — Attorney’s fees — Appellate — Award of partial appellate fees to insured is conditioned on trial court determining that insured is prevailing party in underlying case — Appellate court reverses its conclusion that, due to absence of order awarding fees from appellate record, it did not have jurisdiction to review trial court’s fee award in insured’s favor upon reversing underlying judgment where court has jurisdiction to address issue due to consolidation of cases for appeal

19 Fla. L. Weekly Supp. 865a

Online Reference: FLWSUPP 1910HODAInsurance — Attorney’s fees — Medical provider is not entitled to award of attorney’s fees as prevailing party in action against insurer where provider recovered exact amount of insurer’s presuit offer after trial

19 Fla. L. Weekly Supp. 806a

Online Reference: FLWSUPP 1910MORIInsurance — Personal injury protection — Attorney’s fees — Appellate — Award of partial appellate fees to insured is conditioned on trial court determining that insured is prevailing party in underlying case — Appellate court reverses its conclusion that, due to absence of order awarding fees from appellate record, it did not have jurisdiction to review trial court’s fee award in insured’s favor upon reversing underlying judgment where court has jurisdiction to address issue due to consolidation of cases for appeal

19 Fla. L. Weekly Supp. 393a

Online Reference: FLWSUPP 1905PEYTInsurance — Attorney’s fees — Discovery — Expert witnesses — Insurer’s failure to comply with order to provide plaintiff with its fee expert’s affidavit prejudiced plaintiff in preparation for fee hearing — Expert is stricken

19 Fla. L. Weekly Supp. 1097b

Online Reference: FLWSUPP 1913GASSInsurance — Attorney’s fees — Discovery

19 Fla. L. Weekly Supp. 598a

Online Reference: FLWSUPP 1907PROCInsurance — Personal injury protection — Attorney’s fees — Discovery — Sanctions — Where insurer’s counsel intentionally and knowingly withheld documents and information that had been legally and timely requested in discovery, including name of expert witness, and refused to cooperate in setting hearing on motion to compel before day of hearing on motion for attorney’s fees and costs, insurer’s expert is precluded from testifying — Amount — Contingency risk multiplier of 2.0 is appropriate where evidence established that there is no attorney in Northwest Florida who would handle PIP cases without expectation of multiplier, and case involving novel issues created exceptional risk for medical provider whose chances of success were even at best at outset