Volume 10

10 Fla. L. Weekly Supp. 756a

Insurance — Personal injury protection — Counsel — Disqualification — No abuse of discretion in denial of motions to disqualify attorney who previously represented insurer in PIP litigation involving section 627.736(10) and preferred providers where such litigation does not involve unique issues or strategies inasmuch as only real issue is interpretation of PIP statute, matters in which attorney formerly represented insurer were not substantially related to current cases, and there was no use by attorney of confidential information

10 Fla. L. Weekly Supp. 265a

Insurance — Personal injury protection — Attorneys — Disqualification — Prior employment by insurer — Motion to disqualify denied

10 Fla. L. Weekly Supp. 206a

Insurance — Personal injury protection — Counsel — Disqualification — Conflict of interest — Prior representation of adverse party — Although PIP case at issue is same type of case as those in which insured’s attorney represented insurer as its in-house counsel, where there has been no showing that facts and circumstances are the same or substantially related, motion to disqualify is denied

10 Fla. L. Weekly Supp. 43a

Insurance — Personal injury protection — Attorneys — Disqualification — Where attorney who previously worked for a law firm that was staff counsel for insurer was not privy to confidential information and strategy which would breach Rules of Professional Conduct and did not use confidential documents or information prepared by insurer in the preparation of her pleadings, motion to disqualify attorney from representing medical providers is denied

10 Fla. L. Weekly Supp. 41b

Insurance — Personal injury protection — Attorneys — Disqualification — Conflict of interest — PIP cases involving reduction of medical bills pursuant to preferred provider agreements in which attorney previously represented insurer are not same matter as current cases in which attorney represents assignees where insureds, assignees, dates, and venue are different, and PPO agreements were not crux of prior cases as they are in current cases — Insurer failed to prove that attorney was privy to confidential information that creates a conflict requiring her disqualification where only opportunity for acquiring confidential information was brainstorming session at which no confidential defense strategy was discussed — Motion to disqualify denied

10 Fla. L. Weekly Supp. 40a

Insurance — Personal injury protection — Attorneys — Disqualification — Motion to disqualify attorney who previously represented insurer in PIP cases is denied where insurer failed to establish that matter in which attorney represented insurer was same or substantially related to matter in current cases, or that attorney obtained confidential information when representing insurer that will be used and place insurer at a disadvantage in current cases

10 Fla. L. Weekly Supp. 391a

Insurance — Personal injury protection — Attorneys — Disqualification — Conflict of interest — Challenge to order denying motion to disqualify law firm representing medical providers because firm employs attorney formerly employed by insurer as claims adjuster — Appearance of impropriety alone does not lead to disqualification, and record refutes claim that appearance of impropriety was clear — Where insurer failed to prove that former claims adjuster was exposed to confidential information or that cases at bar are “substantially related” to cases worked on as claims adjuster, insurer was not entitled to disqualification of law firm

10 Fla. L. Weekly Supp. 198a

Insurance — Personal injury protection — Counsel — Disqualification — Conflict of interest — Motions to disqualify attorney who worked for insurer in nonattorney claims litigation specialist position and is now employed by law firm representing medical provider in actions against insurer — Where there is no evidence that attorney has divulged confidential or privileged communications to law firm or any other third party, insurer has failed to demonstrate that any information to which attorney had access as a claims litigation specialist gives him an unfair advantage while working for law firm, attorney never worked on current cases while employed by insurer, and insurer’s extraordinary delays in filing motions for disqualification are deemed to constitute waiver, motions to disqualify are denied

10 Fla. L. Weekly Supp. 718b

Insurance — Personal injury protection — Where, due to valid assignment of benefits to medical provider, insured had no cause of action at time he filed original complaint, and insurer paid medical bills and interest prior to filing of amended complaint joining medical provider as plaintiff, medical provider has no cause of action against insurer — Amended complaint does not relate back to date of filing first complaint where amended complaint has effect of adding new party, medical provider is not sufficiently related to insured to come within narrow exception to rule against relation back when amended complaint has effect of adding new party, and insurer would be prejudiced if relation back were allowed because insurer would be exposed to liability for attorney’s fees for complaint that was never valid when filed

10 Fla. L. Weekly Supp. 267b

Insurance — Maritime law — Salvage — Insurer’s motion to strike pleading for failure to name correct party is denied and plaintiff is allowed to substitute correct insurer — Jurisdiction — Savings to suitors clause of federal statute provides Florida courts with concurrent jurisdiction over salvor’s in personam claim — State nonjoinder of insurers statute does not bar claim against insurer under controlling maritime and salvage law