Volume 25

25 Fla. L. Weekly Supp. 503a

Online Reference: FLWSUPP 2506SALAInsurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Good faith — Nominal offer — Insurer’s nominal offer was made in good faith where proposal for settlement was served after insurer had reviewed police report of accident at issue which showed that accident occurred prior to time coverage became bound and effective — Trial court erred in denying insurer’s motion for attorney’s fees after jury returned verdict finding claimant was not insured at time of accident

25 Fla. L. Weekly Supp. 414a

Online Reference: FLWSUPP 2505MESAInsurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Insurer prevailing on ground that presuit demand letter was defective — Trial court erred in denying insurer’s motion for attorney’s fees based on provider’s rejection of proposed settlement without finding that proposal for settlement was not made in good faith

25 Fla. L. Weekly Supp. 291c

Online Reference: FLWSUPP 2503QUESInsurance — Personal injury protection — Attorney’s fees — Confession of judgment — Although confession of judgment by payment of postage and statutory penalty is not generally recovery of PIP benefits that entitles a plaintiff to award of attorney’s fees, insurer that incorporated requirement to pay penalty into PIP policy converted statutory obligation into contractual obligation — Medical provider that obtained confession of judgment for contractually obligated penalty prevailed on claim for PIP benefits and is entitled to fee award under section 627.428

25 Fla. L. Weekly Supp. 909b

Online Reference: FLWSUPP 2510JSMIInsurance — Personal injury protection — Attorney’s fees — Postage and penalties — Although final judgment awarding postage and statutory penalty is not generally recovery of PIP benefits that entitles plaintiff to award of attorney’s fees, insurer that incorporated requirement to pay penalty into PIP policy converted statutory obligation into contractual obligation — Medical provider that obtained judgment for contractually obligated penalty prevailed on claim for PIP benefit and is entitled to fee award under section 627.428

25 Fla. L. Weekly Supp. 903a

Online Reference: FLWSUPP 2510PEREInsurance — Personal injury protection — Attorney’s fees — Where insurer paid reduced amount on PIP claim in response to demand letter without paying statutory penalty and postage, forcing medical provider to file suit for penalty and postage, insurer’s post-suit payment of penalty and postage is confession of judgment entitling provider to award of attorney’s fees — Because provisions of PIP statute are incorporated into every PIP policy, any penalties and damages provided for in statute become part of policy, and recovery of those penalties and damages entitles insured to attorney’s fees under section 627.428

25 Fla. L. Weekly Supp. 900a

Online Reference: FLWSUPP 2510RODRInsurance — Personal injury protection — Attorney’s fees — Provider/assignee was entitled to award of attorney’s fees incurred in obtaining payment of overdue statutory penalty and postage

25 Fla. L. Weekly Supp. 477a

Online Reference: FLWSUPP 2505MOREInsurance — Personal injury protection — Attorney’s fees — Postage and penalties — Provider who filed suit to recover benefits and statutory postage and penalty after insurer responded to demand letter by paying reduced amount, without postage and penalty, was entitled to prevailing party attorney’s fees based on insurer’s in-suit confession of judgment that provider was entitled to payment for postage and penalty

25 Fla. L. Weekly Supp. 513g

Online Reference: FLWSUPP 2506BURKInsurance — Personal injury protection — Attorney’s fees — Where insurer declined to pay based on claim that insured made material misrepresentation in her policy application, trial court did not err in awarding attorney’s fees and costs incurred in proving validity of policy

25 Fla. L. Weekly Supp. 84a

Online Reference: FLWSUPP 2501CHAVAttorney’s fees — Proposal for settlement — Insurance — Personal injury protection — Insurer’s nominal proposal for settlement, which included $1.00 for medical benefits and $1.00 for plaintiff’s attorney’s fees and costs, was made in good faith — Insurer entitled to award of attorney’s fees where plaintiff did not respond within required 30-day period and final summary judgment finding zero liability was entered in favor of insurer

25 Fla. L. Weekly Supp. 968b

Online Reference: FLWSUPP 2511BRACInsurance — Small claims — Offer of judgment — Because section 768.79(1) provides that defendants may file offer of judgment in any civil action for damages but fails to provide a procedure for doing so, court has no discretion but to invoke Rule 1.442 in case filed under small claims rules