Volume 25

25 Fla. L. Weekly Supp. 758a

Online Reference: FLWSUPP 2508ANDEInsurance — Attorney’s fees — Sanctions — Court awards attorney’s fees as sanction for insurer’s failure to timely file court-ordered response to medical provider’s motion for attorney’s fees and statement of attorney time and timely respond to request for statement of insurer’s hours billed, necessitating filing of two motions

25 Fla. L. Weekly Supp. 670a

Online Reference: FLWSUPP 2507SANTInsurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Striking — Because neither offer of judgment statute nor rule 1.442 applies to post-judgment proceedings, proposal for settlement served in attorney’s fees proceeding is stricken

25 Fla. L. Weekly Supp. 830a

Online Reference: FLWSUPP 2509DUCKAttorney’s fees — Proposal for settlement — Neither section 768.79 nor rule 1.442 applies to post-judgment proceedings following an adjudication on the merits — Motion to strike plaintiff’s proposal for settlement granted

25 Fla. L. Weekly Supp. 136a

Online Reference: FLWSUPP 2502TRUDAttorney’s fees — Proposal for settlement — Trial court did not err in denying insured’s claim for attorney’s fees under section 768.79 based on insurer’s rejection of insured’s proposal for settlement of ongoing litigation over amount of attorney’s fees awardable to insured under section 627.428 following insured’s successful action against insurer — Insured could not recover fees incurred in litigating amount of fees

25 Fla. L. Weekly Supp. 572a

Online Reference: FLWSUPP 2506SHRIInsurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Action brought by insured to determine whether alleged material misrepresentation precluded coverage was not civil action for damages within meaning of offer of judgment statute — Section 627.428 does not provide basis for award of attorney’s fees to insurer — Insurer is entitled to award of costs under section 86.081, which allows award of costs in declaratory judgment actions as are equitable

25 Fla. L. Weekly Supp. 895a

Online Reference: FLWSUPP 2510LDAVInsurance — Homeowners — Attorney’s fees — Proposal for settlement — Where court granted motion to dismiss homeowners’ complaint against insurer, finding no coverage for loss, insurer is entitled to award of attorney’s fees based on unambiguous proposals for settlement made in good faith to each homeowner

25 Fla. L. Weekly Supp. 91a

Online Reference: FLWSUPP 2501FRANAttorney’s fees — Insurance — Personal injury protection — Provider is entitled to attorney’s fees incurred in action against insurer for failure to pay statutory penalty when it paid claim following receipt of plaintiff’s demand letter — Court rejects insurer’s argument that penalty is not the recovery of insurance benefits under the policy that would trigger award of attorney’s fees pursuant to section 627.428

25 Fla. L. Weekly Supp. 113a

Online Reference: FLWSUPP 2501ANSOInsurance — Personal injury protection — Med Pay — Declaratory actions — Motion to dismiss action seeking declaration as to whether insurer paid claims pursuant to hybrid method rather than reasonable amount method or statutory fee schedule, whether insurer was entitled to do so or was required to use either fee schedule or reasonable amount method, and whether insurer was entitled to rely on Multiple Procedure Payment Reduction is denied where complaint properly sets out matter for determination within contemplation of declaratory judgment statutes — Declaratory judgment is not precluded merely because another adequate remedy is available — Motion to strike medical provider’s claim for attorney’s fees and costs is denied where motion is premature when court has not yet entered judgment or decree that might entitle provider to fee award — No merit to argument that recovery of attorney’s fees and costs under section 627.428 is limited to cases in which plaintiff recovers benefits

25 Fla. L. Weekly Supp. 573b

Online Reference: FLWSUPP 2506RAMIInsurance — Attorney’s fees — Proposal for settlement — Nominal proposal for settlement was reasonable and made in good faith where medical provider filed suit against wrong insurance carrier — Defendant carrier is entitled to recover attorney’s fees and costs against provider that voluntarily dismissed suit

25 Fla. L. Weekly Supp. 490a

Online Reference: FLWSUPP 2505ARIEInsurance — Attorney’s fees — Proposal for settlement — Service by e-mail — Where insurer’s proposal for settlement was not served on medical provider by e-mail as required by rule 2.516, insurer failed to satisfy requirement of rule 1.442 that proposal be served on provider — Furthermore, nominal proposal was not made in good faith where, although insurer ultimately prevailed, its likelihood of success was no more than 50-50 — Insurer’s motion for attorney’s fees is denied