Volume 21

21 Fla. L. Weekly Supp. 265a

Online Reference: FLWSUPP 2103MCCLInsurance — Attorney’s fees — Justiciable issue — Attorney’s fees are awarded to insurer where, despite being served with notice of intent to seek section 57.105 sanctions, medical provider waited until after 21-day safe harbor period to file notice of voluntary dismissal

21 Fla. L. Weekly Supp. 125b

Online Reference: FLWSUPP 2102IMPEInsurance — Attorney’s fees — Justiciable issue — Because proceedings to award attorney’s fees under section 57.105 are special statutory proceedings, trial court did not have authority to grant motion for enlargement of 21-day safe harbor provision of section 57.105(4) — However, where it is unknown whether insurer will suffer prejudice from error, and any prejudice insurer does suffer can be easily remedied on appeal, petition for writ of certiorari is denied

21 Fla. L. Weekly Supp. 693a

Online Reference: FLWSUPP 2107CONCInsurance — Attorney’s fees — Claim or defense not supported by material facts or applicable law — Court cannot extend deadline for responding to motion for section 57.105 attorney’s fees and costs

21 Fla. L. Weekly Supp. 270a

Online Reference: FLWSUPP 2103HERNInsurance — Personal injury protection — Attorney’s fees — Justiciable issue — Unauthenticated hearsay PIP payout sheet is insufficient evidence of exhaustion of benefits to support imposition of statutory fee award

21 Fla. L. Weekly Supp. 571b

Online Reference: FLWSUPP 2106EHERInsurance — Personal injury protection — Attorney’s fees — Justiciable issues — Where medical provider knew or should have known when insurer served notice of intent to move for sanctions that it could not prevail because it had been paid in full per statutory fee schedule which was properly incorporated into contract, yet provider did not voluntarily dismiss complaint until after expiration of 21-day safe harbor period, insurer is entitled to recover its attorney’s fees and costs

21 Fla. L. Weekly Supp. 199a

Online Reference: FLWSUPP 2102BOGRInsurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Insurer’s $1 proposal for settlement, which included attorney’s fees, was not made in good faith where offer did not bear reasonable relationship to amount of damages or realistic assessment of liability since insurer had already confessed judgment and acknowledged liability for medical provider’s attorney’s fees and costs — Justiciable issues — Continuing to litigate despite exhaustion of benefits does not warrant section 57.105 sanction against provider

21 Fla. L. Weekly Supp. 936a

Online Reference: FLWSUPP 2109ROSSInsurance — 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 produced no evidence that provider actually received notice of class action

21 Fla. L. Weekly Supp. 268a

Online Reference: FLWSUPP 2103KUNTInsurance — Personal injury protection — Attorney’s fees — Justiciable issues — Medical provider who used unregistered fictitious name on assignment knew or should have known that claim was not supported by material facts and applicable law

21 Fla. L. Weekly Supp. 838a

Online Reference: FLWSUPP 2108CANTInsurance — Homeowners — Attorney’s fees — Amount

21 Fla. L. Weekly Supp. 50a

Online Reference: FLWSUPP 2101MCMUInsurance — Attorney’s fees — Florida Insurance Guaranty Association — Action to recover section 627.428 attorney’s fees from FIGA — Award of attorney’s fees pursuant to section 627.428 can constitute covered claim under FIGA Act if there is explicit provision in insurance contract which states that attorney’s fees awards are part of coverage — Trial court erred in denying motion to amend complaint to include insurance policy and dismissing claim as precluded as matter of law