Volume 21

21 Fla. L. Weekly Supp. 276a

Online Reference: FLWSUPP 2103NGOInsurance — Attorney’s fees — Contempt — Where insurer originally made no effort to comply with court order requiring it to state basis for disputing claimed attorney’s fees and costs with particularity and to cite supporting authority for any objections, sanctions against insurer are warranted — Insurer’s tardy objection to duplicative time entries is preserved, although further sanctions may be imposed if objection is determined to be unreasonable, and all other objections are deemed waived

21 Fla. L. Weekly Supp. 600b

Online Reference: FLWSUPP 2106NAPLInsurance — Attorney’s fees — Justiciable issues — Attorney’s fees are assessed against insurer and its counsel for filing motion to dismiss that had no support in fact or law — Insurer’s request that attorney’s fees be awarded as consequence of medical provider’s discovery violations is denied where violations were not in bad faith and were partially due to insurer’s ill-advised motion to dismiss

21 Fla. L. Weekly Supp. 206a

Online Reference: FLWSUPP 2102ROHRInsurance — Personal injury protection — Attorney’s fees — Contingency risk multiplier — Where insured had no difficulty retaining counsel without promise of contingency risk multiplier, application of multiplier is not appropriate — Neither fact that insured retained and terminated other attorneys prior to current attorney’s representation nor fact that insured was difficult and demanding client warrants application of multiplier — Because insured’s counsel did not prevail on issue of multiplier, costs associated with litigating multiplier issue are not awarded — Fees and costs associated with litigating amount of fees are not awarded

21 Fla. L. Weekly Supp. 713a

Online Reference: FLWSUPP 2107WASSInsurance — Personal injury protection — Attorney’s fees — Choice of law — Where claim for treatment of Florida resident by Florida medical provider for accident that occurred in New York was paid pursuant to hybrid of New York and Florida law, but policy was issued in Florida with expectation of Florida law applying to all disputes, and Florida is forum state, motion to apply New York law to issue of attorney’s fees is denied

21 Fla. L. Weekly Supp. 706a

Online Reference: FLWSUPP 2107MCGUInsurance — Personal injury protection — Attorney’s fees — Choice of law — Where claim for treatment of Florida resident by Florida medical provider for accident that occurred in New York was paid pursuant to hybrid of New York and Florida law, but policy was issued in Florida with expectation that Florida law would apply to all disputes and Florida is forum state, motion to apply New York law to issue of attorney’s fees is denied

21 Fla. L. Weekly Supp. 150a

Online Reference: FLWSUPP 2102URBAInsurance — Homeowners — Attorney’s fees — Where insurer was investigating bona fide coverage issue and had not denied benefits directly or indirectly at time insured filed suit four months after submission of claim, insured is not entitled to attorney’s fees under confession of judgment doctrine

21 Fla. L. Weekly Supp. 554a

Online Reference: FLWSUPP 2106DESDInsurance — Personal injury protection — Jurors — Challenges — Peremptory — No abuse of discretion in denying challenge for cause based on juror’s background as massage therapist, experience in medical field, and purportedly equivocal responses on whether she could be fair and impairtial — Abuse of discretion to deny peremptory challenges of two jurors where insurer asserted jurors may not be fair and impartial, and there was no objection that challenges were being made in discriminatory manner — New trial required — Attorney’s fees — Appellate — Provider who partially prevailed on appeal entitled to award of attorney’s fees, contingent upon provider ultimately prevailing below

21 Fla. L. Weekly Supp. 865a

Online Reference: FLWSUPP 2109CARMInsurance — Attorney’s fees — Appellate — Justiciable issues — Claim or defense not supported by material facts or applicable law — Where medical provider presented colorable argument for extension of existing law, and insurer and its counsel knew or should have known that provider’s conduct did not warrant motion for sanctions and attorney’s fees under section 57.105, insurer’s motion for sanctions is denied and provider is awarded appellate attorney’s fees for its defense against insurer’s motion

21 Fla. L. Weekly Supp. 1016c

Online Reference: FLWSUPP 2110PALMInsurance — Attorney’s fees — Appellate fees are granted to insurer subject to trial court determining that insurer’s proposal for settlement met statutory criteria

21 Fla. L. Weekly Supp. 697b

Online Reference: FLWSUPP 2107COASInsurance — Attorney’s fees — Prevailing medical provider — Amount