Volume 24

24 Fla. L. Weekly Supp. 639a

Online Reference: FLWSUPP 2408PEREInsurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Where insurer made good faith nominal proposal for settlement, amendment of affirmative defenses during pendency of proposal to add defense on which insurer ultimately prevailed did not moot proposal

24 Fla. L. Weekly Supp. 785a

Online Reference: FLWSUPP 2410GERLInsurance — Personal injury protection — Attorney’s fees — Proposal for settlement — In absence of transcript of pertinent proceedings below, appellate court cannot conclude that trial court abused its discretion in denying motion for attorney’s fees based on finding that insurer’s proposal for settlement, which totaled $500 for medical benefits and attorney’s fees and which was rejected by plaintiff, was not made in good faith, notwithstanding fact that jury ultimately returned verdict for insurer, finding that injuries were not related to accident

24 Fla. L. Weekly Supp. 760a

Online Reference: FLWSUPP 2409REGOAttorney’s fees — Proposal for settlement that included offer of attorney’s fees but failed to state whether attorney’s fees were part of plaintiff’s legal claim did not strictly comply with rule 1.442 and is, therefore, invalid and unenforceable

24 Fla. L. Weekly Supp. 21c

Online Reference: FLWSUPP 2401LUISInsurance — Personal injury protection — Proposal for settlement — Timeliness of acceptance — Section 768.79(1) and rule 1.442(f)(1) require that proposal for settlement be accepted within 30 days — Medical provider’s motion for enlargement of time to respond to proposal did not toll time for acceptance where insurer did not agree to enlargement of time and provider did not obtain order granting enlargement of time prior to expiration of time for acceptance — Order enforcing settlement is reversed

24 Fla. L. Weekly Supp. 71b

Online Reference: FLWSUPP 2401DIAZInsurance — Proposal for settlement — Extension of time to respond

24 Fla. L. Weekly Supp. 708b

Online Reference: FLWSUPP 2409LINDInsurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Where medical provider rejected proposal for settlement and thereafter filed notice of voluntary dismissal, insurer is entitled to award of attorney’s fees and costs — Burden is on provider to prove that insurer did not make proposal in good faith — Issue of whether provider acted reasonably in rejecting proposal has no bearing on insurer’s entitlement to fee award

24 Fla. L. Weekly Supp. 75a

Online Reference: FLWSUPP 2401LEONInsurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Where medical provider voluntarily dismissed prior PIP case and years later filed identical claim in new case, insurer served $100 proposal for settlement in new case, and thereafter plaintiff dismissed new case, insurer is entitled to award of attorney’s fees and costs

24 Fla. L. Weekly Supp. 868a

Online Reference: FLWSUPP 2410MOLIInsurance — Personal injury protection — Attorney’s fees — Where medical provider recovered only penalties and postage as result of insurer’s confession of judgment, and all PIP benefits were paid pre-suit, provider is not entitled to award of attorney’s fees under section 627.428

24 Fla. L. Weekly Supp. 725a

Online Reference: FLWSUPP 2409SAINInsurance — Personal injury protection — Attorney’s fees — Medical provider that obtained confession of judgment as to statutory penalty and postage after pre-suit payment of full PIP benefits and interest was not entitled to award of attorney’s fees and costs under section 627.428

24 Fla. L. Weekly Supp. 167a

Online Reference: FLWSUPP 2402SUZAInsurance — Personal injury protection — Attorney’s fees — Declaratory action — Insured who prevailed in declaratory action determining that insurer is obligated to provide PIP and medical payment coverage is entitled to award of attorney’s fees under section 627.428(1) notwithstanding fact that insured did not seek money damages