Volume 10

10 Fla. L. Weekly Supp. 793b

Insurance — Uninsured motorist — Where UM policy provides that insurer will pay damages for bodily injury sustained by insured in an accident involving an uninsured vehicle when insured is legally entitled to recover from the owner or operator of uninsured vehicle, insurer is not entitled to raise defense of No Fault threshold, that insured did not sustain permanent injury, which would not have been available to uninsured tortfeasor

10 Fla. L. Weekly Supp. 178a

Insurance — Uninsured motorist — Waiver — Where insured rejected uninsured motorist coverage when initially purchasing policy, insured suspended coverages while out of the country, and then reinstated original coverages upon returning to country, insurer was not required to obtain a new waiver of uninsured motorist coverage at time of reinstatement of coverage — Summary judgment in favor of insurer granted

10 Fla. L. Weekly Supp. 548a

Insurance — Personal injury protection — Insurer’s motion for summary judgment stricken without prejudice where material issues remain as to medical provider’s pending motion to compel discovery

10 Fla. L. Weekly Supp. 488b

Civil procedure — Summary judgment — Outstanding discovery directed to movant

10 Fla. L. Weekly Supp. 1019c

Insurance — Action against insurer by plaintiff, as natural parent and guardian of minor, is barred by clear language of release

10 Fla. L. Weekly Supp. 459a

Insurance — Medical provider’s motion to enlarge time to respond to proposal for settlement granted

10 Fla. L. Weekly Supp. 828a

Insurance — Personal injury protection — Small claims — Proposal for settlement — Motion to invoke rule 1.442 is granted

10 Fla. L. Weekly Supp. 1000a

Insurance — Uninsured motorist — Coverage — Declaratory judgments — Motions to dismiss complaint, strike claims, and for summary judgment and judgment on pleadings in declaratory judgment action brought by passenger injured in rental vehicle seeking to determine whether insurer of rental vehicle or passenger’s own PIP carrier should provide primary UM coverage — Action to determine priority of claims is ripe despite fact that plaintiff has not been awarded UM benefits — Where, although both insurers acknowledge that their policies provide UM coverage, neither insurer has extended UM benefits to plaintiff, and insurers have not yet determined which of them provides primary coverage, insurers’ actions have essentially resulted in denial of coverage — Motions denied

10 Fla. L. Weekly Supp. 227a

Insurance — Personal injury protection — Transfer within county court system — Abuse of discretion to grant motion to transfer 17 lawsuits from one justice center to another within county court system on the ground of convenience to plaintiff’s substitute counsel and billing manager — Plaintiff which made choice of forum in initially filing suits will not later be heard to complain that forum is no longer convenient — Moreover, nothing in record supports transfer, motion to transfer was legally insufficient and untimely, and allowing transfer would encourage forum shopping within county court system

10 Fla. L. Weekly Supp. 720a

Insurance — Personal injury protection — Small claims — At court’s discretion, motion to apply rule 1.442 is granted