Volume 9

9 Fla. L. Weekly Supp. 238a

Insurance — Uninsured motorist — Attorney’s fees — Proposal for settlement — Award of attorney’s fees to insureds of meager financial means whose proposal for settlement for UM claim for rear-end collision by drunken driver, which appeared to have great merit on both liability and damages from its inception, was rejected by well-financed and well-defended insurer bent on using hardball tactics — Contingency risk multipliers are still available for court-awarded fees under section 768.79 in the Fourth District — Hours enhanced with maximum contingency risk multiplier of 2.5 based on results attained, time limitations imposed by the circumstances, and insurer’s hardball tactics — Where insurer showed contumacious disregard for court’s discovery orders relative to attorney’s fees, insurer should forfeit right to contest application of 2.5 multiplier — Costs, expert witness fees, and prejudgment interest on fees and costs awarded

9 Fla. L. Weekly Supp. 616a

Insurance — Automobile — Attorney’s fees — Insurer’s proposal for settlement directed to pending attorney’s fees claim is not proper basis for award of attorney’s fees or costs in declaratory judgment action — Declaratory judgment action is not civil action for damages, and issues regarding attorney’s fees and costs are collateral to dispute therein — Proposal for settlement stricken

9 Fla. L. Weekly Supp. 806a

Attorney’s fees — Insurance — Prevailing party — Plaintiff is not entitled to attorney’s fees as prevailing party in case dismissed for failure to prosecute since dismissal is not a dismissal on merits, and plaintiff is not a prevailing party — Plaintiff is entitled to attorney’s fees and costs for recovery in follow-up case

9 Fla. L. Weekly Supp. 556a

Insurance — Personal injury protection — Attorney’s fees — Insurer’s admitted late payment of PIP claims that were neither pled nor identified as the basis for pending lawsuit constitutes settlement of a “disputed claim” that entitles insured to recover attorney’s fees — Fact that insurer corrected its mistake and fully paid claims, albeit belatedly, does not change fact that claims were improperly denied and paid by insurer after insured filed suit alleging improper denial of claims

9 Fla. L. Weekly Supp. 323a

Insurance — Personal injury protection — Attorney’s fees — Proposal for settlement for attorney’s fees in PIP claim following resolution of underlying benefits is not proper — Motion to strike granted

9 Fla. L. Weekly Supp. 625b

Insurance — Personal injury protection — Attorney’s fees — Medical provider is entitled to award of attorney’s fees and costs where insurer had notice of potential lawsuit at time it took UCR reductions on bills and, although insurer issued and mailed check for all remaining PIP benefits on date suit was filed, medical provider did not receive check until after filing date

9 Fla. L. Weekly Supp. 738b

Insurance — Personal injury protection — Claim form — Countersignature — Sections 627.736(5)(a) and (d) do not require HCFA forms to be countersigned by insured when the medical provider has accepted an assignment of benefits — Summary judgment in favor of insurer reversed and remanded — Attorney’s fees awarded to medical provider contingent on prevailing on recovery on policy

9 Fla. L. Weekly Supp. 659a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 9 Fla. L. Weekly Supp. 737a

Insurance — Personal injury protection — Claim forms — Countersignature — Sections 627.736(5)(a) & (d) do not require HCFA forms to be countersigned by insured when the medical provider has accepted an assignment of benefits — Summary judgment in favor of insurer reversed and remanded — Attorney’s fees awarded to medical provider contingent on prevailing on recovery on policy

9 Fla. L. Weekly Supp. 712a

Insurance — Attorney’s fees — Prevailing insurer — Order determining reasonable attorney’s fees and costs — Trial judge who entered order awarding fees and costs is asked to clarify whether judgment is to entered against insured only or against insured and/or professional association

9 Fla. L. Weekly Supp. 203a

Insurance — Personal injury protection — Attorney’s fees — No abuse of discretion in amount of attorney’s fees awarded to attorney for medical provider who prevailed in claim against insurer for reduction of bill and failure to pay in timely manner — No abuse of discretion in decision to apply 2.0 contingency risk multiplier