Volume 8

8 Fla. L. Weekly Supp. 132a

Insurance — Personal injury protection — Payment of reduced amount of medical bill based on finding that charged amount exceeded usual, customary and reasonable charges — Insurer did not breach contract by paying amount it determined to be reasonable for a submitted expense and agreeing to defend and indemnify insured if insured is pursued for any balance resulting from such determination — Attorney’s fees — Proposal for settlement — Although rule requires that proposal state whether it includes attorney’s fees and whether attorney’s fees are part of legal claim, there is no requirement that specific amount attributable to attorney’s fees be stated — Trial court correctly granted insurer’s motion for attorney’s fees based upon insured’s rejection of proposal for settlement

8 Fla. L. Weekly Supp. 251c

Insurance — Attorney’s fees — Plaintiffs having prevailed by reason of confession of judgment or settlement, in case involving cancellation of plaintiffs’ insurance coverage, are entitled to recover reasonable attorney’s fees and costs — Factors considered in determining the hourly rates and contingency risk multiplier are contingency fee agreement between parties, number of hours reasonably spent, complexity of case and possibility of recovery, and level of experience of expert witnesses — Hours — Number of hours reasonably spent included pre-suit hours spent preparing the case, hours spent dealing with criminal aspect of plaintiffs’ problem, and hours spent on preparing bad faith claim — In considering the reasonableness of hours spent by plaintiffs’ counsel, court considered the number of hours spent by defense counsel which included about 25 percent more hours for less work

8 Fla. L. Weekly Supp. 596b

Attorney’s fees — Insurance — Personal injury protection — Trial court correctly denied insureds’ motions for attorney’s fees where insureds did not plead specific statute which would entitle them to fees as insureds suing their insurer, and insurer did not acquiesce, recognize, or otherwise fail to object to insureds’ failure to correctly plead their entitlement to fees

Certiorari granted; remanded for award of fees at 27 Fla. L. Weekly D1672c

8 Fla. L. Weekly Supp. 275a

Insurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Where insured rejected proposal for settlement made pursuant to section 768.79, and jury returned verdict in favor of insurer, finding that medical treatment at issue was not reasonable, medically necessary, or related to injuries sustained in automobile accident, insurer was entitled to award of attorney’s fees — Statute applies to PIP actions

8 Fla. L. Weekly Supp. 134a

Insurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Where insured rejected proposal for settlement made pursuant to section 768.79, and jury returned verdict in favor of insurer, finding that medical treatment at issue was not related to injuries sustained in automobile accident, insurer was entitled to award of attorney’s fees — Statute applies to PIP actions

8 Fla. L. Weekly Supp. 224a

Insurance — Attorney’s fees — Insurer not entitled to prevailing party attorney’s fees inasmuch as Florida Supreme Court held section 627.736(5) unconstitutional

8 Fla. L. Weekly Supp. 391b

Insurance — Personal injury protection — Attorney’s fees — Insurer entitled to recover reasonable attorney’s fees from insured where insured’s counsel knew, or should have known, of existence of valid assignment of insured’s right to collect PIP benefits from insurer when it prepared affidavit for insured’s signature in an attempt to defeat insurer’s summary judgment motion based on insured’s lack of standing

8 Fla. L. Weekly Supp. 245a

Small claims — Insurance — Personal injury protection — Offer of settlement — Motion to strike proposal for settlement granted — Offer of judgment statute does not apply in PIP case filed under Small Claims Rules — In a PIP governed by Small Claims Rules, which specifically exclude Rule of Civil Procedure 1.442, U.S. Security Ins. Co. v. Cahuasqui, a case filed in county civil court under Rules of Civil Procedure which held that offer of judgment statute applies to PIP cases, does not apply where there is no court order or stipulation of parties adopting Rules of Civil Procedure

8 Fla. L. Weekly Supp. 405a

Insurance — Personal injury protection — Attorney’s fees — Offer of judgment — Insured who rejected insurer’s initial offer of judgment for certain amount exclusive of fees and costs, and who ultimately accepted an offer in a lesser amount awarded attorney’s fees and costs incurred up to date of initial offer

8 Fla. L. Weekly Supp. 454c

Attorney’s fees — Offer of judgment — Insurance — Personal injury protection — Applicability of statute to PIP actions — Stay of action based on supreme court’s acceptance of jurisdiction in related case