HEALTH DIAGNOSTICS OF FT. LAUDERDALE, d/b/a STAND UP MRI OF FT. LAUDERDALE, a/a/o Martha J. Anderson, Plaintiff, v. USAA CASUALTY INSURANCE COMPANY, Defendant.

27 Fla. L. Weekly Supp. 483a

Online Reference: FLWSUPP 2705ANDEInsurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Nominal offer — Insurer had reasonable foundation for nominal offer where insurer had three independent bases upon which to prevail at summary judgment, including lack of emergency medical condition determination, failure to respond to request for documentation and invalid demand letter, and there were multiple favorable orders on EMC defense at time proposal for settlement was served — Further, where appellate court granted motion for attorney’s fees without objection and remanded case only for determination of amount of fees, ruling on entitlement to fees is binding on trial court — Fact that insurer paid additional benefits upon receipt of post-suit EMC determination does not render proposal for settlement a nullity