Volume 6

6 Fla. L. Weekly Supp. 200b

Insurance — Automobile — Rule against splitting causes of action does not apply to resolve insured’s breach of insurance contract claim based on insurer’s refusal to honor declaratory judgment finding insurer owed coverage to insured where applying the rule would result in injustice and unfairness — It is fundamentally offensive to concepts of fairness and justice that insurer could refuse to honor a declaratory judgment finding that it owed coverage to its insured on basis that insured did not liquidate damages during declaratory judgment proceeding

6 Fla. L. Weekly Supp. 398b

NOT FINAL VERSION OF OPINION
Subsequent Changes at 6 Fla. L. Weekly Supp. 480d

Attorney’s fees — Insurance — Personal injury protection — Trial court should not have awarded attorney’s fees for time spent filing or pursuing provider’s suit against insurer in view of statutory requirement that parties submit to binding arbitration — Costs — Expert witness fee should not have been awarded where time required for preparation and testifying was not burdensome

6 Fla. L. Weekly Supp. 673a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 7 Fla. L. Weekly Supp. 90g

Attorney’s fees — Insurance — Personal injury protection — Language of complaint was sufficient to apprise insurance carrier of insured’s claim for attorney’s fees under no-fault law

6 Fla. L. Weekly Supp. 722b

Insurance — Personal injury protection — Arbitration award finding medical services were not necessary, resulting in decision in favor of insurer, is confirmed, and judgment entered for insurer — Attorney’s fees — Insurer’s motion for attorney’s fees denied — Question certified: Does the prevailing party standard for obtaining attorney’s fees in F.S. §627.736(5) violate Article I, Section 9, of the Florida Constitution?

6 Fla. L. Weekly Supp. 353a

Insurance — Personal injury protection — Attorney’s fees — Insured waived any objection to insured’s claim for attorney’s fees where insured’s complaint and subsequent motion for attorney’s fees and costs put insurer on notice as to claim for attorney’s fees, and insurer failed to object to motion for attorney’s fees until day of evidentiary hearing — Motion for attorney’s fees granted

6 Fla. L. Weekly Supp. 535a

Attorney’s fees — Insurance — Personal injury protection — Complaint which referenced attorney’s fees and the statute under which recovery was sought gave defendant sufficient notice that fees were being sought

6 Fla. L. Weekly Supp. 314a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 6 Fla. L. Weekly Supp. 479d

Attorney’s fees — Insurance — Personal injury protection — Statute requires that medical provider who renders treatment covered by PIP insurance may be paid directly if insured has countersigned invoice, bill, or claim form — Phrase “signature on file,” typed on form in place designated for insured’s signature does not suffice — Where provider never presented a signed form or assignment before filing suit, although it had a properly executed assignment of benefits which it did not share with insurer until three months into litigation, trial court erred in awarding attorney’s fees to provider

6 Fla. L. Weekly Supp. 351a

Insurance — Personal injury protection — Attorney’s fees — Attorney for health care provider, who was ultimately successful in arbitration, is entitled to compensation for pursuing an entitlement to litigate where attorney abandoned that pursuit and proceeded to arbitrate following subsequent controlling precedent — It was reasonable for health care provider to commence litigation to enforce its right to payment, to propound discovery, and to maintain a position adverse to arbitration until Third District Court of Appeals issued ruling that health care providers must arbitrate assigned PIP claims — It was reasonable to abandon that litigation rather than waste time of parties and trial court by holding a hearing, where trial court would have ordered arbitration and been required to stay the proceedings if plaintiff had pursued entitlement to litigate and required trial court to rule

6 Fla. L. Weekly Supp. 335a

Insurance — Personal injury protection — Attorney’s fees — Where insured brought action against insurer for balance of medical bills which had not been paid because they allegedly exceeded usual and customary charges, and insurer filed third-party complaint against medical services providers which was dismissed when providers agreed to write off the balance due and to refrain from seeking payment from insured, insurer’s motion to dismiss insured’s complaint was prematurely granted on basis of mootness because controversy over insured’s entitlement to attorney’s fees was still live — If assignments were properly executed and in effect at time suit was filed, insured lacked standing because a statutory procedure for binding arbitration controlled the dispute — If there were no assignments in existence at time complaint was filed, insured would be entitled to attorney’s fees because subsequent agreements between medical providers and insurer were, in effect, a settlement of the dispute over the alleged overcharged bills

6 Fla. L. Weekly Supp. 99b

Attorney’s fees — Insurance — Personal injury protection — Health care providers not entitled to attorney’s fees where the only actions taken by counsel were letters to insurers advising them of overdue bill and demanding arbitration, to which insurers responded by paying bills