Volume 27

27 Fla. L. Weekly Supp. 906a

Online Reference: FLWSUPP 2710MARSInsurance — Personal injury protection — Attorney’s fees — Justiciable issues — Safe harbor period — Argument that, under mailbox rule, medical provider had additional five days beyond safe harbor period of section 57.105 to dismiss action is without merit

27 Fla. L. Weekly Supp. 488a

Online Reference: FLWSUPP 2705SCHOAttorney’s fees — Insurance — Claim or defense not supported by material facts or applicable law — Where medical provider persisted in suit despite being repeatedly notified by insurer of error in pursuing action in Florida court when policy clearly required submission to arbitration upon election by insurer, insurer is entitled to attorney’s fees — Insurer can collect fees under section 57.105 in case filed in Florida court irrespective of fact that case involves claim that is controlled by New Jersey policy and New Jersey law

27 Fla. L. Weekly Supp. 95a

Online Reference: FLWSUPP 2701SAINInsurance — Personal injury protection — Attorney’s fees — Claim or defense not supported by material facts or applicable law — Where medical provider failed to provide assignment of benefits to refute defense of lack of standing until after it voluntarily dismissed complaint, insurer is entitled to attorney’s fees and costs

27 Fla. L. Weekly Supp. 744a

Online Reference: FLWSUPP 2708KMCDInsurance — Personal injury protection — Attorney’s fees — Claim or defense not supported by material facts or applicable law — Motion for rehearing of order awarding attorney’s fees and costs to insurer is denied

27 Fla. L. Weekly Supp. 743b

Online Reference: FLWSUPP 2708MCDOInsurance — Personal injury protection — Attorney’s fees — Claim or defense not supported by material facts or applicable law — Where medical provider knew or should have known that pre-suit demand letter did not comply with statutory requirements and did not dismiss action within 21-day period following safe harbor period, insurer is entitled to attorney’s fees and costs

27 Fla. L. Weekly Supp. 309a

Online Reference: FLWSUPP 2703HERNInsurance — Personal injury protection — Attorney’s fees — Claim or defense not supported by material facts or applicable law — Insurer entitled to attorney’s fees pursuant to section 57.105(1) where presuit demand letter did not strictly comply with statute, and plaintiff’s attorney knew or should have known that demand letter was defective and failed to satisfy condition precedent to filing suit — Demand letter did not strictly comply with statute where letter failed to account for prior partial payment made by insurer — Costs — Insurer also entitled to taxable costs pursuant to rule 1.420(d) where plaintiff voluntarily dismissed claim — Waiver — Insurer did not waive its defense pertaining to plaintiff’s failure to strictly comply with presuit notice requirements by failing to raise the issue presuit where insurer raised affirmative defense of a defective demand letter in its answer and subsequent motions — Affirmative defense was sufficiently specific to put plaintiff on notice

27 Fla. L. Weekly Supp. 898a

Online Reference: FLWSUPP 2710FRIEInsurance — Personal injury protection — Attorney’s fees — Claim or defense not supported by material facts or applicable law — Insurer’s motion for section 57.105 sanctions against medical provider who pursued action for PIP benefits despite being advised that benefits had been exhausted is denied where provider had arguable basis to believe that some payments made by insurer to other providers were gratuitous

27 Fla. L. Weekly Supp. 1039a

Online Reference: FLWSUPP 2712AGUIInsurance — Homeowners — Insurer violated section 627.70131(5)(a) by failing to pay or deny claim for homeowners insurance benefits within 90 days — Where insurer confessed judgment by paying claim after suit was filed, plaintiff water remediation company is entitled to attorney’s fees and costs

27 Fla. L. Weekly Supp. 1026a

Online Reference: FLWSUPP 2712LINIAttorney’s fees — Insurance — Homeowners — Motion to strike request for attorney’s fees pursuant to section 627.428 in action brought by assignee of homeowners property insurance is stricken — Attorney’s fees in such actions have been controlled by section 627.7152(10) since May 24, 2019

27 Fla. L. Weekly Supp. 312a

Online Reference: FLWSUPP 2703MRHInsurance — Health maintenance organizations — Out-of-network or non-participating provider rate — Inpatient emergency services provider — Reduction of claim to “allowed amount” — Because there was no contractual relationship between provider and HMO, rate of reimbursement was to be determined by section 641.513(5), which provides that reimbursement rate is lesser of provider’s charges, the usual and customary provider charges in the community, or a charge mutually agreed upon by HMO and provider within 60 days of submittal of claim — Because HMO failed to prove that “allowed amount” reduction of claim was agreed to by parties or the usual and customary charge in community, HMO was required to reimburse full amount of medical provider’s charge — HMO is also required to pay interest on overdue claim — Provider entitled to attorney’s fees and costs pursuant to section 641.28