Volume 6

6 Fla. L. Weekly Supp. 24a

Attorney’s fees — Insurance — Personal injury protection — Insured who filed action against insurer for damages claiming that insurer failed to provide timely full payment of all treatments is entitled to attorney’s fees, because the bills were not timely paid — Although insurer paid the amount owed within 30 days of learning it had mistakenly assumed the doctor’s bill was for one treatment rather than two, ample evidence existed to allow insurer to make full payment of bill supplied by doctor with minimal inquiry where insured submitted physician’s medical report which clearly stated that insured had two distinct injuries with application for benefits — Remand for determination of reasonable amount of attorney’s fees that should be awarded for both trial and appellate phases of litigation

6 Fla. L. Weekly Supp. 403a

Attorney’s fees — Insurance — Personal injury protection — Where insurer made payments to various medical providers after insured’s suit against insurer had been dismissed, and trial court entered nunc pro tunc order vacating dismissal, insured was entitled to recover attorney’s fees and costs pursuant to section 627.428

6 Fla. L. Weekly Supp. 469a

Attorney’s fees — Insurance — Personal injury protection — Plaintiff entitled to reasonable attorney’s fees where insurer initially claimed that it was not provided sufficient information prior to filing of lawsuit to determine whether insured was a covered person, but failed to deliver checks until 43 days after it conceded that it was obligated to pay plaintiff’s PIP claim

6 Fla. L. Weekly Supp. 572a

Insurance — Personal injury protection — Under applicable law, assignees were prevailing parties and were entitled to attorney’s fees where payments were made to assignees after commencement of arbitration

6 Fla. L. Weekly Supp. 723a

Insurance — Attorney’s fees

6 Fla. L. Weekly Supp. 721a

Insurance — Personal injury protection — Attorney’s fees

6 Fla. L. Weekly Supp. 373a

Insurance — Personal injury protection — Attorney’s fees — No abuse of discretion in amount of attorney’s fees awarded to insured after settlement of dispute over bill for chiropractic treatment — Competent substantial evidence supports determination that 70 hours was reasonable number of hours expended and that $300 was reasonable hourly rate — No abuse of discretion in trial court’s determination that contingency risk multiplier of 2.5 was appropriate — Whether trial court abused its discretion by awarding expert witness fees and by including presuit attorney’s fees in calculating award not preserved for appellate review

6 Fla. L. Weekly Supp. 797a

Insurance — Personal injury protection — Attorney’s fees — Insured’s motion to strike insurer’s proposal for settlement/demand for judgment is granted — Insurer may not file an effective offer of settlement in a first-party lawsuit for benefits under PIP policy — Inclusion of insured’s attorney’s fees in offer diminishes protection afforded insured and provides additional basis for striking offer

6 Fla. L. Weekly Supp. 777a

Insurance — Offer of settlement — Attorney’s fees — Florida Statutes, section 627.428 which exclusively grants an award of attorney’s fees to successful insureds who are forced to sue their insurer does not directly conflict with section 768.79 which gives defendant insurers opportunity to be awarded their attorney’s fees if their offer of judgment, which must be made in good faith, is rejected and resulting award is less the 75% of offer of settlement if plaintiff prevails — Motion to strike insurer’s proposal for settlement denied — If the insured prevails in any amount, insured, despite a less favorable award than offer of judgment, is nevertheless entitled to fees and costs incurred prior to time when offer of judgment was made, which will need to be compared to insurer’s entitlement and, if necessary, appropriate set-offs made

6 Fla. L. Weekly Supp. 723b

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