Volume 8

8 Fla. L. Weekly Supp. 394c

Insurance — Personal injury protection — Attorney’s fees — Health care provider entitled to attorney’s fees and costs as to its complaint seeking declaration that insurer is required, on presuit request from health care provider, to provide provider with current PIP payout sheet/log so that provider may know its relative status with regard to policy deductible — Insurer’s conduct in belatedly furnishing payout sheet post-suit, after refusing to honor presuit request for document, amounts to confession of judgment — Even if insurer had not conceded its position, health care providers is entitled to declaratory relief on merits

8 Fla. L. Weekly Supp. 391a

Insurance — Personal injury protection — Settlement — Where plaintiff’s counsel settled claim for PIP benefits with insurer’s adjuster, insurer sent plaintiff’s counsel correspondence indicating that insurer was demanding that release be executed as part of settlement agreement, plaintiff’s counsel faxed insurer correspondence requesting that settlement drafts be timely tendered and stating that release would not be executed as settlement agreement did not encompass a release, and insurer did not timely tender settlement drafts to plaintiff’s counsel, insurer owes penalty interest of 12% from date of settlement to date insurer tenders settlement drafts to plaintiff’s counsel — Section 627.4265, Florida Statutes, clearly requires 12% interest on settlement proceeds if insurer does not tender settlement amounts within 20 days of written settlement — Attorney’s fees — Plaintiff’s counsel entitled to reasonable attorney’s fees for preparation of motion to enforce settlement and motion for sanctions and for attendance at hearing

8 Fla. L. Weekly Supp. 731b

Attorney’s fees — Justiciable issues — Insurance — Personal injury protection — Voluntary dismissal — Record does not support finding that plaintiff’s counsel continued to prosecute meritless suit on behalf of medical provider whose owner was arrested for insurance fraud during pendency of suit — There was ample merit to warrant filing of suit and maintenance of prosecution up to and including the time of voluntary dismissal, regardless of provider’s arrest or other irrelevant factors

8 Fla. L. Weekly Supp. 745a

Insurance — Personal injury protection — Attorney’s fees — Plaintiff is entitled to recover attorney’s fees and costs from insurer which settled during suit — Insurer’s claim that it had no notice of plaintiff’s claim prior to lawsuit is rejected — Without contingency risk enhancement, plaintiff would have faced substantial difficulties in finding competent counsel in the relevant market — Multiplier of 2.0 awarded where likelihood of success was even at outset of case

8 Fla. L. Weekly Supp. 592a

Attorney’s fees — Appellate — Insurance — Personal injury protection — Contingency risk multiplier — Fee hearing held pursuant to section 627.428 is not hearing to litigate the validity or enforceability of contract between insured and insured’s attorney, but is a hearing to permit the insured to collect fees for distribution to his or her attorney — Insurance company is in no position to challenge contract between insured and insured’s attorney at this hearing — Existence of valid contingency fee agreement is just one of the factors to be considered by trial court when it awards a multiplier — Competent substantial evidence supports trial court’s decision to apply contingency risk multiplier — No error in allowing award of appellate fees for work done on appeal before appellate counsel filed notice of appearance

8 Fla. L. Weekly Supp. 401a

Insurance — Personal injury protection — Insured’s motion to tax attorney’s fees and costs with interest in action against PIP insurer which resulted in recovery of amounts owed to medical provider, interest on late payment to medical provider, lost wages, and interest on overdue lost wage claim — Motion granted

8 Fla. L. Weekly Supp. 340a

Insurance — Title insurance — Attorney’s fees — Error to enter summary judgment in favor of insureds on claim for attorney’s fees for period between date insureds notified insurer of claim and date insurer appointed counsel pursuant to insurance policy and for period following appointment of counsel when, at advice of insurer’s counsel that there was conflict of interest, insureds sought advice from separate counsel — Factual issues existed as to date insurer first appointed counsel, whether there was unreasonable delay in appointment of counsel, and whether, under circumstances, insureds were in fact entitled to attorney’s fees under policy provisions — Remand for further proceedings

8 Fla. L. Weekly Supp. 387a

Insurance — Attorney’s fees — Order awarding fees on complaint alleging PIP and med pay issues where insurer eventually capitulated and confessed judgment by exhausting med pay coverage by paying portion of bills almost two years after they were incurred

8 Fla. L. Weekly Supp. 731b

Attorney’s fees — Justiciable issues — Insurance — Personal injury protection — Voluntary dismissal — Record does not support finding that plaintiff’s counsel continued to prosecute meritless suit on behalf of medical provider whose owner was arrested for insurance fraud during pendency of suit — There was ample merit to warrant filing of suit and maintenance of prosecution up to and including the time of voluntary dismissal, regardless of provider’s arrest or other irrelevant factors

8 Fla. L. Weekly Supp. 795a

Insurance — Attorney’s fees — Contingency risk multiplier of 2.0 is appropriate where likelihood of plaintiff’s success at outset of case was unlikely, insurer filed eight affirmative defenses, and plaintiff’s counsel recovered the maximum amount possible for his client