Volume 3

3 Fla. L. Weekly Supp. 451b

Insurance — Personal injury protection — Attorney’s fees — Multiplier of two appropriate in determination of amount of attorney’s fees where claim was an undesirable PIP claim so that it would have been difficult to obtain counsel on a standard contingency fee and where chance of success was less than 50% at the outset — Attorneys entitled to interest on attorney’s fees from date of verdict through date of fee hearing — Expert witness on attorney’s fees entitled to compensation

3 Fla. L. Weekly Supp. 439a

Insurance — Attorney’s fees — Multiplier of 1.75 applied to lodestar figure in case of attorney who represented plaintiff prior to trial where attorney represented plaintiff under contingent fee contract, and likelihood of success was approximately even at outset of action — No multiplier applied to lodestar figure in case of attorney who did not appear in action until time of trial

3 Fla. L. Weekly Supp. 88a

Attorney’s fees — Insurance — Party who was injured at dog track was omnibus insured under policy which provided insurance coverage, including medical payments coverage, for persons injured on premises — Party who prevailed in action against insurer to recover medical payment insurance benefits is entitled to attorney’s fees

3 Fla. L. Weekly Supp. 611b

Insurance — Automobile — Insolvent insurers — Attorney’s fees, costs, and interest — Statute providing for award of attorney’s fees to insured who prevails in litigation against insurer does not apply to Florida Insurance Guaranty Association except in those cases where FIGA has denied a covered claim or any portion thereof — FIGA is not liable for penalties and interest — FIGA is not liable for court costs unless underlying policy includes those costs as a recoverable item

3 Fla. L. Weekly Supp. 146b

Insurance — Personal injury protection — Insolvent insurers — Attorney’s fees — Where insured brought action against insurer for failure to pay PIP benefits, and, after lawsuit was filed, Florida Insurance Guaranty Association took over insurer and paid the claim, insured was not entitled to recover attorney’s fees from FIGA — Statute excluding attorney’s fees claims for any covered claim unless FIGA specifically denies the claim by affirmative action applies in situations where FIGA takes over insolvent insurer after commencement of a lawsuit

3 Fla. L. Weekly Supp. 549c

Attorney’s fees — Insurance — Plaintiff in action against uninsured motorist insurer entitled to award of attorney’s fees where final judgment exceeded amount of demand for judgment by more than twenty-five percent — Multiplier of 2.0 appropriate where chance of success was approximately even at outset of case against insurer and where relevant market requires contingency fee multiplier to obtain competent counsel — Outset of case was commencement of claim against UM carrier once tortfeasor had tendered its policy limits and UM carrier had waived subrogation rights and consented to plaintiff accepting tortfeasor’s policy limits — No entitlement to award for time spent in prosecuting attorney’s fees issue

3 Fla. L. Weekly Supp. 231a

Insurance — Attorney’s fees — Fee award to counsel for insured in action against insurer — In determining whether attorney’s fees may be awarded for litigation of issue of attorney’s fees, debate as to appropriate multiplier is a legal issue pertaining to entitlement to fees — Contingency risk multiplier may be applied to fees for litigating fee issues

3 Fla. L. Weekly Supp. 613b

Attorney’s fees — Insurance — Cancellation of policy in violation of statute — Contingency risk multiplier

3 Fla. L. Weekly Supp. 566c

Insurance — Personal injury protection — Where policy contained provision requiring insured to submit to sworn examination as a condition of the insurance contract, insured’s failure to submit to examination under oath constituted material breach of policy which relieved insurer of obligation to pay

3 Fla. L. Weekly Supp. 21a

Insurance — Personal injury protection — Action brought by insured against insurer after insurer refused to satisfy claim for lost wages on ground that hospital to whom insured allegedly assigned benefits had filed claim of lien against proceeds — Error to enter summary judgment in favor of insurer where insurer relied in substantial part on assignment of benefits, and there was no evidence in record of assignment of benefits form — Whether hospital which treated insured was public hospital entitled to lien for hospital care under special law to be determined on remand