Online Reference: FLWSUPP 2205INFI Insurance — Personal injury protection — Coverage — Medical expenses — Policy which provided that insurer would pay 80% of medical expenses and, on separate page, that it would pay 200% of Medicare Part B schedule was ambiguous and must be interpreted in favor of insured — Trial court properly entered Read More »
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Insurance – PIP – Attorneys’ Fees – Contingency Risk Multiplier
Online Reference: FLWSUPP 2206WIND Insurance — Personal injury protection — Attorney’s fees — Contingency risk multiplier — Appeals — Claim that trial court erred in considering likelihood of success as factor in determining appropriateness of multiplier was preserved for appeal where insurer repeatedly apprised trial court of putative error — Error not invited by single Read More »
Insurance – PIP – Trial Court Erred in Awarding Attorneys’ Fees
Online Reference: FLWSUPP 2206OLIV Insurance — Personal injury protection — Attorney’s fees — Trial court erred in awarding provider prevailing party attorney’s fees pursuant to section 627.428 where judgment obtained after jury trial was less than insurer’s presuit settlement offer — Statute applies to presuit offers of settlement — Insurer was not required to include Read More »
Attorneys’ Fees – Offer of Settlement – Offer was not Ambiguous Based on Failure to Attach Proposed Release
40 Fla. L. Weekly D619b Attorney’s fees — Offer of settlement — Offer was not rendered ambiguous and invalid because of defendant’s failure to attach proposed release to offer where offer names parties who will execute release and precisely identifies the claims which will be released — Trial court erred in denying defendant’s motion for Read More »
UM – Attorneys’ Fees – Proposal for Settlement Ambiguous
40 Fla. L. Weekly D617a Insurance — Uninsured motorist — Attorney’s fees — Proposal for settlement — Trial court improperly awarded attorney’s fees and costs, pursuant to rejected proposal for settlement, where the proposal was patently ambiguous, spelling out “one hundred thousand dollars” in words but referring to $50,000 in numerals GOVERNMENT EMPLOYEES INSURANCE Read More »
