Insurance — Uninsured/underinsured motorist — Damages — Medical expenses — Remittitur — Set-off — Collateral source — Trial court did not abuse its discretion in reducing jury’s award of past medical expenses to the amount of bills in evidence or in granting setoff of personal injury protection benefits paid by insurer — Trial court erred in failing to credit plaintiff for past PIP premium payments without further explanation — Trial court erred in reducing verdict based on Medicare reductions — Attorney’s fees — Proposal for settlement — Insurer’s proposal for settlement was legally sufficient, and terms were sufficiently clear and definite to allow insured to make decision without needing clarification — Under circumstances, proposal was not ambiguous because it required insured to “satisfy all relevant liens” and stated that acceptance would “resolve all claims” against insurer — Amount of judgment — Trial court did not err in considering judgment obtained against UM insurer rather than judgment obtained through negotiation with negligent driver when evaluating whether insurer met threshold amount for award of attorney’s fees — No abuse of discretion in finding that nominal proposal was made in good faith — On remand, trial court to address issues of setoff and remittitur and to determine whether insurer’s proposal met threshold amount to trigger entitlement to attorney’s fees after net judgment is recalculated considering all legally authorized reductions
45 Fla. L. Weekly D1409c
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