Volume 20

20 Fla. L. Weekly Supp. 444b

Online Reference: FLWSUPP 2004FLORInsurance — Personal injury protection — Attorney’s fees awarded to insurer as sanction for delay in dismissing claims for late bills

20 Fla. L. Weekly Supp. 668b

Online Reference: FLWSUPP 2007JCASInsurance — Personal injury protection — Coverage — Exhaustion of policy limits — In absence of any evidence of bad faith, where benefits were exhausted in payment of other medical providers before plaintiff medical provider filed suit, insurer is entitled to summary judgment — Insurer was not required to reserve funds for claim reduced through erroneous application of fee schedule in 2008 PIP statute and is not liable for payment of balance of reduced claim after exhaustion of benefits — As matter of law, provider is barred from seeking interest, penalties or attorney’s fees on disputed benefits that will never be paid due to exhaustion of benefits

20 Fla. L. Weekly Supp. 1086b

Online Reference: FLWSUPP 2011FGOMInsurance — Personal injury protection — Attorney’s fees — Recovery of statutory penalty for overdue benefits does not entitle medical provider to award of attorney’s fees and costs under section 627.428

20 Fla. L. Weekly Supp. 333a

Online Reference: FLWSUPP 2004IRIZInsurance — Personal injury protection — Attorney’s fees — Medical provider who brought action against PIP insurer was not a prevailing party entitled to attorney’s fees under section 627.428 where provider rejected insurer’s presuit offer to settle for over $1200 and final judgment received by provider was for just over $500

20 Fla. L. Weekly Supp. 808a

Online Reference: FLWSUPP 2008PEACInsurance — Personal injury protection — Attorney’s fees — Absence of justiciable issues — Litigation against insurer over unpaid bills which, in fact, had been returned to plaintiff by postal service with notation that address was invalid — Sanctions imposed against plaintiff only, not plaintiff’s counsel

20 Fla. L. Weekly Supp. 41a

Online Reference: FLWSUPP 2001STATInsurance — Personal injury protection — Attorney’s fees — PIP statute does not authorize medical provider to recover attorney’s fees incurred in responding to insurer’s pre-suit requests for documents and information under section 627.736(6)(b)

20 Fla. L. Weekly Supp. 761a

Online Reference: FLWSUPP 2008KIRKInsurance — Personal injury protection — Attorney’s fees — Medical provider was entitled to award of attorney’s fees and costs associated with litigating issue of whether provider’s failure to file written motion with court barred it from recovering fees and costs incurred prior to insurer’s confession of judgment — Insurer’s procedural challenge amounted to a dispute over entitlement to fee award — Appellate attorney’s fees awarded to provider

20 Fla. L. Weekly Supp. 69c

Online Reference: FLWSUPP 2001COKEInsurance — Personal injury protection — Attorney’s fees — Where, after PIP case had been in litigation approximately ten months, defendant insurer sought leave to amend its answer to include defense that plaintiff medical provider was a member of a class action which had been settled, and was therefore precluded from filing suit, plaintiff was entitled to be compensated in county court PIP case for time spent in obtaining order from circuit court allowing plaintiff to belatedly opt out of class action based upon showing that plaintiff had not received notice of the class action — Work in circuit court case was intertwined with county court case and was necessitated by defendant’s conduct in not advising plaintiff at the outset of the county court action of the pendency of the class action

20 Fla. L. Weekly Supp. 702b

Online Reference: FLWSUPP 2007GRIMInsurance — Personal injury protection — Attorney’s fees — Amount — Thirty hours is not reasonable number of hours expended for case that was settled prior to initial pre-trial conference and before discovery commenced — Contingency risk multiplier of 1.0 is appropriate where medical provider’s counsel opined at commencement of case that chance of recovery was excellent, case settled at early stage, and there was nothing rare or extraordinary about case — Expert witness fee, costs and prejudgment interest awarded

20 Fla. L. Weekly Supp. 807a

Online Reference: FLWSUPP 2008EDOUInsurance — Personal injury protection — Attorney’s fees — Amount