Volume 10

10 Fla. L. Weekly Supp. 465a

Insurance — Personal injury protection — Small claims — Proposal for settlement — Because small claims actions are excluded from application of Florida Rules of Civil Procedure, court has discretion whether to apply rule 1.442 for purposes of filing proposal for settlement — Motion to apply rule 1.442 denied

10 Fla. L. Weekly Supp. 645a

Insurance — Medpay — Coverage — Because there was no personal injury protection coverage for medical bill not timely submitted pursuant to PIP statute, no Medpay benefits were due either — Summary judgment entered in favor of insurer

10 Fla. L. Weekly Supp. 367b

Insurance — Jury trial — Where trial court allowed insurer 15 days after denial of motion to dismiss in which to file answer and demand for jury trial, and insurer did not comply with order but filed answer and demand 38 days after entry of order, insurer waived right to jury trial

10 Fla. L. Weekly Supp. 367a

Insurance — Small claims — Jury trial — Motion to strike insurer’s demand for jury trial is granted where demand was made in answer filed 45 days after service of process and 24 days after pre-trial conference

10 Fla. L. Weekly Supp. 300a

Jursidction — Insurance — Corporations — Service of process — Order denying motion to dismiss for lack of jurisdiction is affirmed as jurisdiction over insurer was obtained by service on employee but reversed and remanded as to issue of propriety of service where record is devoid of evidence that members of superior class were absent when process was served on inferior employee

10 Fla. L. Weekly Supp. 1005a

Insurance — Marine — Jurisdiction — Foreign insurer — Where Russian insurer issued policy to plaintiff, a Honduran resident; insurer provided coverage for fishing vessel registered in and operating out of Honduras; loss of vessel occurred in international waters; insurer does not maintain or have offices, employees, mailing address, telephone listing, real or personal property, agent for service of process, advertising or marketing, bank account, or business records in Florida, and insurer does not insure any Florida residents, insurer’s contacts with Florida are not continuous and systematic so as to establish general jurisdiction — Foreign insurer’s acceptance of premiums paid and delivered to Florida insurer pursuant to issuance of cover note established implied authority of Florida insurer as agent of foreign insurer — Where foreign insurer issued and delivered coverage and terms of insurance to plaintiff through chain of brokers, in Florida, for profit, it is reasonably foreseeable that foreign insurer could be haled into Florida court for transacting insurance and receiving benefits therefrom, and requirements for in personam jurisdiction are satisfied

10 Fla. L. Weekly Supp. 546a

Insurance — Personal injury protection — Coverage — Denial — Exhaustion of benefits — Although PIP benefits are exhausted, medical provider is entitled to statutory interest, attorney’s fees, and costs

10 Fla. L. Weekly Supp. 532b

Insurance — Personal injury protection — Coverage — Exhaustion of benefits — Although insurer has paid all PIP benefits due medical provider and policy limits have been exhausted, insurer must pay statutory interest for late payment of benefits

10 Fla. L. Weekly Supp. 514c

Insurance — Independent medical examination — Conditions of IME set, including attendance of plaintiff’s attorney and videographer or court reporter, plaintiff is not required to provide documents or films or submit to additional x-rays or other testing, IME physician is not to conduct extensive oral or written examination or require completion of lengthy information forms, IME report is to be prepared within 30 days, and IME physician is to clearly identify to plaintiff that he has been hired by defense

10 Fla. L. Weekly Supp. 113a

Insurance — Personal injury protection — Coordination of benefits between PIP insurer and health insurer, with insured contending PIP benefits should have been used to pay his lost earnings and health insurer should pay hospital bill — Level of coordination required of PIP insurer by statute is unclear — Where PIP adjuster spoke with insured and insured’s attorney and made one phone call to health insurer, attempt to coordinate benefits was legally sufficient — In absence of clear choice for resolution of competing claims for hospital bill and lost wages, PIP insurer’s issuance of joint draft payable to insured and hospital was legally valid option