Volume 23

23 Fla. L. Weekly Supp. 790a

Online Reference: FLWSUPP 2307SMEDInsurance — Personal injury protection — Attorney’s fees — Amount — Expert witness fee and costs awarded

23 Fla. L. Weekly Supp. 365a

Online Reference: FLWSUPP 2304PALAInsurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Service — Motion to strike proposal for settlement served by email due to failure to comply with rule 2.516(E)(i) requirement that email contain subject line beginning with words “SERVICE OF COURT DOCUMENT” is denied where proposal is not within class of documents required to be served in accordance with rule 2.516, and service email confirmation contained required words and other information identifying case and parties — Nominal proposal was made in good faith where at time proposal was made insurer had reasonable basis to conclude that exposure was nominal because it had paid benefits in accordance with statutory fee schedule clearly and unambiguously elected in policy

23 Fla. L. Weekly Supp. 173b

Online Reference: FLWSUPP 2302ROJOInsurance — Declaratory action — Offer of judgment — Action seeking declaration of whether material misrepresentation existed in insured’s application for automobile insurance is not claim for damages to which offer of judgment statute applies — Offer of judgment is stricken

23 Fla. L. Weekly Supp. 818a

Online Reference: FLWSUPP 2308GARRInsurance — Personal injury protection — Coverage — Exhaustion of policy limits — Where benefits were exhausted in payment of valid claims, insurer had no further liability for unresolved pending claims in absence of evidence of bad faith — Trial court could properly enter final judgment in favor of medical provider for amount stated in insurer’s confession of judgment but erred in granting provider’s motion for summary judgment as to payment of full claim — Attorney’s fees — Provider is entitled to award of attorney’s fees and costs only up until date of insurer’s confession of judgment — Insurer is entitled to award of attorney’s fees and costs from date of its proposal for settlement

23 Fla. L. Weekly Supp. 178a

Online Reference: FLWSUPP 2302OUTPInsurance — Personal injury protection — Attorney’s fees — Claim or defense not supported by material facts or applicable law — Where medical provider filed notice of voluntary dismissal 88 days after service of insurer’s section 57.105 safe harbor letter, insurer is entitled to award of attorney’s fees and costs

23 Fla. L. Weekly Supp. 251a

Online Reference: FLWSUPP 2303CORSInsurance — Personal injury protection — Attorney’s fees — Claim or defense not supported by material facts or applicable law — Where insurer served notice of intent to seek section 57.105 attorney’s fees on medical provider via electronic mail, operation of Rule 2.514(b) afforded provider five additional days in which to dismiss case under safe harbor provisions of that statute — Motion for attorney’s fees and costs is denied

23 Fla. L. Weekly Supp. 759a

Online Reference: FLWSUPP 2307NAIKInsurance — Personal injury protection — Attorney’s fees — Claim or defense not supported by material facts or applicable law — Medical provider is entitled to award of attorney’s fees and costs where insurer filed and refused to withdraw motion for partial summary judgment that was not supported by application of then-existing law

23 Fla. L. Weekly Supp. 149a

Online Reference: FLWSUPP 2302LEMMInsurance — Attorney’s fees — Claim or defense not supported by material facts or applicable law — Where medical provider knew or should have known that it sued wrong insurer, insurer is entitled to attorney’s fees award under section 57.105 — Insurer is also entitled to award of fees based on valid proposal for settlement

23 Fla. L. Weekly Supp. 294a

Online Reference: FLWSUPP 2303NAPLInsurance — Attorney’s fees — Claim or defense not supported by material facts or applicable law — Where insurer’s motion to dismiss for lack of standing was wholly devoid of merit based on material facts and applicable law, motion for sanctions is granted

23 Fla. L. Weekly Supp. 1048a

Online Reference: FLWSUPP 2310MORIInsurance — Personal injury protection — Attorney’s fees — Claim or defense not supported by material facts or applicable law — Sanctions against insurer are appropriate where insurer knew or should have known that affirmative defenses of standing and laches were not supported by material facts when it initially presented defenses or, at latest, when it received medical provider’s motion for sanctions and safe harbor letter, yet insurer continued to litigate defenses until it waived them