Volume 21

21 Fla. L. Weekly Supp. 135b

Online Reference: FLWSUPP 2102SALIInsurance — Attorney’s fees — Prevailing party — Reversal of underlying judgment mandates reversal of section 627.428(1) fee award

21 Fla. L. Weekly Supp. 793a

Online Reference: FLWSUPP 2108CREEInsurance — Personal injury protection — Affirmative defenses that have no basis in law or fact are stricken, and attorney’s fees are awarded as sanction for failure to withdraw defenses — Motions for partial summary judgment are denied where no record evidence was attached to motions, and adjuster’s deposition transcript was filed less than 20 days before hearing

21 Fla. L. Weekly Supp. 431a

Online Reference: FLWSUPP 2105ROMEInsurance — Personal injury protection — Attorney’s fees — Offer of judgment — Where medical provider rejected insurer’s $1.00 offer of judgment in PIP suit in which insurer raised affirmative defense that demand letter was not sent to designated recipient, provider sent second demand letter during pendency of suit, and insurer paid amount demanded in second letter, insurer’s payment to provider was not confession of judgment entitling provider to award of attorney’s fees — Final judgment that did not award provider anything was at least 25% of amount offered by insurer and entitles insurer to award of attorney’s fees

21 Fla. L. Weekly Supp. 186a

Online Reference: FLWSUPP 2102SOLEInsurance — Personal injury protection — Attorney’s fees — Where insurer initially refused to pay medical bill, then when paying bill late insurer refused to pay interest on late payment, causing medical provider to file suit for past-due interest, insurer is liable for provider’s attorney’s fees irrespective of amount of interest recovered — No merit to arguments that provider is not entitled to attorney’s fees because it could have resolved dispute by contacting insurer rather than filing suit or because amount in dispute is de minimis

21 Fla. L. Weekly Supp. 597b

Online Reference: FLWSUPP 2106ANZOInsurance — Personal injury protection — Attorney’s fees — Amount

21 Fla. L. Weekly Supp. 700c

Online Reference: FLWSUPP 2107BAPTInsurance — Personal injury protection — Attorney’s fees — Where insurer’s nominal proposal for settlement was rejected by medical provider six months before exhaustion of benefits that resulted in summary judgment in favor of insurer, motion for attorney’s fees based on proposal for settlement was frivolous and not in good faith — Attorney’s fees and costs are awarded to provider

21 Fla. L. Weekly Supp. 628b

Online Reference: FLWSUPP 2107LEZA

NOT FINAL VERSION OF OPINION
Subsequent Changes at 22 Fla. L. Weekly Supp. 515aInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — No abuse of discretion in allowing testimony by insurer’s expert about general reimbursement levels in county which referred to fee schedules — Attorney’s fees — Proposal for settlement — Abuse of discretion to deny insurer’s motion for attorney’s fees and costs where there was no showing that insurer’s $100 proposal for settlement was not made in good faith

21 Fla. L. Weekly Supp. 392a

Online Reference: FLWSUPP 2105JMORInsurance — Attorney’s fees — Offer of judgment — No abuse of discretion in finding that insurer had good faith basis for making nominal offer of judgment where, at time of offer, insurer had medical report and peer review as support for belief that reasonable, related and necessary amount of bills was below insured’s deductible — Fact that offer of judgment was made prior to insurer amending pleadings to include affirmative defense of no bona fide dispute on which it ultimately prevailed does not preclude award of attorney’s fees where insured, who had not been billed by medical provider prior to expiration of statute of limitations, was aware at all times that there was no bona fide dispute justifying his action

21 Fla. L. Weekly Supp. 1055a

Online Reference: FLWSUPP 2110ESPIInsurance — Attorney’s fees — Proposal for settlement — Voluntary dismissal with prejudice is judgment for purposes of entitlement to attorney’s fees under section 768.79(6) — Insurer had reasonable basis for nominal proposal for settlement where plaintiff was not listed as passenger on police crash report

21 Fla. L. Weekly Supp. 347a

Online Reference: FLWSUPP 2104HARTInsurance — Personal injury protection — Attorney’s fees — Justiciable issue — Insurer is entitled to award of attorney’s fees under section 57.105 where medical provider knew or should have known that it could not prevail when insurer served notice of intent to seek section 57.105 sanctions informing provider that it had been paid in full per statutory fee schedule, yet provider did not file notice of voluntary dismissal until after 21-day safe harbor period had expired