Volume 20

20 Fla. L. Weekly Supp. 294a

Online Reference: FLWSUPP 2003GAMBInsurance — Personal injury protection — Attorney’s fees — Amount — Expert witness fees, costs and prejudgment interest awarded

20 Fla. L. Weekly Supp. 288a

Online Reference: FLWSUPP 2003OBETInsurance — Personal injury protection — Attorney’s fees

20 Fla. L. Weekly Supp. 1041a

Online Reference: FLWSUPP 2011MERCInsurance — Personal injury protection — Attorney’s fees — Proposal for settlement — No merit to argument that proposal for settlement served nine days before summary judgment hearing was untimely because it did not afford medical provider thirty days to accept proposal where summary judgment order was not rendered until two months after hearing

20 Fla. L. Weekly Supp. 1232a

Online Reference: FLWSUPP 2012PEREInsurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Language of rule 1.442(d) and section 768.79(3) providing that proposal for settlement shall not be filed “unless necessary to enforce” provisions of rule and statute does not mandate that party must file proposal for settlement prior to time it seeks to enforce entitlement to attorney’s fees — Fact that insurer did not file proposals for settlement until day after hearing on motion for entitlement to attorney’s fees does not invalidate proposals — Ambiguity — Proposal that specified how much insurer was offering for each of two counts was not ambiguous for failing to include a total amount offered for both counts — Good faith offer — $100 settlement proposal was made in good faith where insurer had reasonable basis to believe that it was not liable for loss based on fact that vehicle that insured was driving at time of accident belonged to her mother and was not covered under insured’s PIP policy, case law and grant of insurer’s original motion for summary judgment on coverage issue by predecessor judge

20 Fla. L. Weekly Supp. 369a

Online Reference: FLWSUPP 2004URBAInsurance — Personal injury protection — Attorney’s fees — Offer of judgment — Where offer of judgment, which was accepted, clearly stated that attorney’s fees were to be paid up until date of service of offer of judgment, trial court erred by granting attorney’s fees after date of service of offer

20 Fla. L. Weekly Supp. 687c

Online Reference: FLWSUPP 2007WHITInsurance — Personal injury protection — Attorney’s fees — Justiciable issues — Medical provider should have known that suit based on assignment of benefits to unregistered fictitious name was frivolous — No merit to claims that insurer’s proposal for settlement was vague for failing to differentiate between offer for benefits and offer for fees and that lump sum proposal creates conflict between attorney and client

20 Fla. L. Weekly Supp. 919a

Online Reference: FLWSUPP 2009HARMInsurance — Personal injury protection — Attorney’s fees — Justiciable issues — Suit brought against insurer that is distinct corporate entity from insurance company that issued policy under which medical provider claims coverage

20 Fla. L. Weekly Supp. 692a

Online Reference: FLWSUPP 2007PUTNInsurance — Personal injury protection — Attorney’s fees — Justiciable issues — Suit brought against insurer that is distinct corporate entity from insurance company that issued policy under which medical provider claims coverage

20 Fla. L. Weekly Supp. 1071a

Online Reference: FLWSUPP 2011RANDInsurance — Attorney’s fees — Proposal for settlement — Prevailing insurer is entitled to attorney’s fees based on $1.00 proposal for settlement — Justiciable issues — Insurer is entitled to fees under section 57.105 where medical provider knew or should have known that it could not prevail on insurer’s claim that purported assignment was mere direction to pay at time insurer filed notice of intent to seek sanctions, yet provider failed to dismiss case during safe harbor period

20 Fla. L. Weekly Supp. 1091b

Online Reference: FLWSUPP 2011NERNInsurance — Personal injury protection — Attorney’s fees — Justiciable issues — Insurer has failed to prove that voluntarily dismissed case warrants fee award under section 57.105(1) where insurer claims that medical provider was procedurally barred from bringing suit due to its failure to opt out of class action, but insurer presented no evidence that provider actually received notice of class action