Volume 6

6 Fla. L. Weekly Supp. 711b

Insurance — Personal injury protection — Attorney’s fees — Plaintiff’s motion to strike insured’s proposal for settlement, which identified section 768.79 as the legal basis for the proposal, is granted — Offer of judgment statute does not apply to PIP case

6 Fla. L. Weekly Supp. 645a

Attorney’s fees — Insurance — Personal injury protection — Motion to assess attorney’s fees and costs by insurer, who made offer of settlement in action brought by insured to recover PIP benefits for three medical tests performed in connection with automobile accident, granted — Motion was timely filed where, pursuant to Rule 1.442(a), motion was made within 30 days after return of verdict in jury trial — Rule 1.442(a) supersedes statute providing that court shall determine entitlement to attorney’s fees upon motion made within 30 days after entry of judgment — Defendant’s offer of settlement did not have to include actual fees and costs incurred by plaintiff as of date of offer — Section 627.428 does not preclude award of attorney’s fees to insurer under section 768.79 — There is no direct conflict between two statutes — Section 768.79 and Rule 1.442 give court discretion to disallow award of costs and attorney’s fees if it determines that offer was not made in good faith — Plaintiff failed to prove that defendant’s offer was made in bad faith, where defendant engaged in discovery by obtaining plaintiff’s medical records and deposing her treating physician prior to filing its proposal of settlement, and defendant made nominal offer based on physician’s testimony that tests in question were not necessary — There was reasonable foundation for nominal offer of $1.00

6 Fla. L. Weekly Supp. 512b

Insurance — Attorney’s fees — Offer of judgment — Insurer entitled to attorney’s fees and costs pursuant to its offer of judgment

6 Fla. L. Weekly Supp. 291d

Insurance — Personal injury protection — Attorney’s fees — Offer of judgment statute does not apply to insured’s first party action against PIP insurer — Motion to strike insurer’s Proposal for Settlement based on applicability of section 627.428 granted

6 Fla. L. Weekly Supp. 180b

Insurance — Personal injury protection — Attorney’s fees — Proposal for settlement/offer of judgment statute does not apply to actions for PIP benefits — Question certified — Motion for attorney’s fees filed by prevailing insurer whose proposal for settlement was rejected by insured is denied — Fact that motion to strike insurer’s proposal for settlement/offer of judgment was not filed until after jury verdict does not alter court’s decision regarding award of attorney’s fees to insurer

6 Fla. L. Weekly Supp. 179b

Insurance — Personal injury protection — Attorney’s fees — Offer of judgment — Insured’s motion to strike insurer’s proposal for settlement, which cited section 768.79 as legal basis for proposal, is granted — Offer of judgment statute does not apply to actions brought pursuant to section 627.736

6 Fla. L. Weekly Supp. 17d

Attorney’s fees — Justiciable issues — Error to limit attorney’s fee award to attorney’s contractual rate — Perez-Borroto v. Brea does not apply in awarding attorney’s fees pursuant to §57.105 — Appellant entitled to reasonable attorney’s fees in both county and appellate levels, even though appellee confessed error

6 Fla. L. Weekly Supp. 399a

Insurance — Prejudgment interest — Error to award prejudgment interest on attorney’s fee awards against Florida Insurance Guaranty Association

6 Fla. L. Weekly Supp. 181b

Insurance — Personal injury protection — Attorney’s fees — Where medical provider whose bill was partially unpaid unilaterally elected to write off the balance after insured filed suit against insurer and insurer made time-consuming discovery requests involving provider and members of his staff, the benefit insured obtained was, at best, a collateral consequence of litigation against insurer and independent of any act constituting an admission or confession of judgment which would entitle insured to an award of attorney’s fees — Insured’s motion for entitlement to attorney’s fees denied as to claims for medical services and/or treatment for which charges have been written off — Jurisdiction reserved to award reasonable attorney’s fees and costs pending settlement or adjudication in favor of insured as to amounts paid for medical services which insured alleged to have been reasonable and necessary

6 Fla. L. Weekly Supp. 72a

Attorney’s fees — Insurance — Insured not entitled to award of attorney’s fees as prevailing party in action against insurer where insured recovered after trial the exact amount of insurer’s pre-suit offer