Volume 10

10 Fla. L. Weekly Supp. 806a

Insurance — Personal injury protection — Class action against insurer alleging withdrawal of medical payments without first obtaining report of physician licensed under same chapter as treating physician whose treatment is sought to be withdrawn, reduced, or denied and failure to pay statutory interest when payment of medical bills was made after 30 days from date insurer received notice of fact of loss and amount of bill — Certification of class — Numerosity requirement is satisfied by stipulation — Commonality is satisfied by consistency of common factual circumstances that plaintiff and class were injured in automobile accidents, and plaintiff and class maintained PIP coverage through insurer that is identical as to no-fault coverage — Typicality is satisfied where plaintiff’s claim is identical to claims of class members — Plaintiff who has retained counsel experienced in mass tort and class action litigation and has no interest antagonistic to that of class meets adequate representation requirement — Class is appropriate for certification under rule 1.220(b)(3) where numerous issues common to the class predominate over individual cases, and class action is superior to other available methods for fair and efficient adjudication of this controversy

10 Fla. L. Weekly Supp. 470a

Insurance — Personal injury protection — Coverage — Denial — Cancellation of policy — Notice — No error in instructing jury that issue for determination was whether insurer proved it mailed notice of cancellation of policy for nonpayment of premium and in refusing to give proposed instruction that issue was whether insured received cancellation notice — No error in denial of request to instruct jury as to whether insured’s agent received cancellation notice and denial of motion of directed verdict on this point where issue was raised for first time at charge conference of second trial after both parties had rested

10 Fla. L. Weekly Supp. 819a

Insurance — Marine — Declaratory judgment action asking court to rule that policy of marine insurance covered sinking of commercial fishing vessel — Motion for partial summary judgment claiming that two marine insurance brokers named along with insurance underwriters as defendants acted as agents for insured is denied where, although as general principle insurance broker is agent of insured, in this case it is unsettled and indistinct that wholesale broker acted as an insurance broker, and there appears to be complex relationship between brokers and insurance underwriter

10 Fla. L. Weekly Supp. 227b

Insurance — Med Pay — Personal injury protection — Med Pay insurance claims are governed by provisions of insurance policy affording coverage, not statute regulating mandatory PIP insurance — Error to grant summary judgment finding insurer not liable for claim for Med Pay benefits due to medical providers’ failure to comply with statutory requirement to submit bills within 30 days of treatment where Med Pay policy requires only that bills be reasonable medical expenses for bodily injury for services furnished within three years of accident

10 Fla. L. Weekly Supp. 794a

Insurance — Automobile — Cancellation — Nonpayment of premium — Motion to dismiss class action complaint which alleges that despite written contracts for insurance at set price marked paid in full, insurer cancelled policy and binder for failure to make additional payments — Contracts — Regardless of insurer’s denomination of additional payments demanded as “previous balance,” apparent unilateral action to increase plaintiff’s contract consideration is illegal, and plaintiff has alleged necessary legal requisites for breach of contract — Three-option letter — Plaintiff has stated claim for insurer’s failure to send three-option letter prior to cancellation of policy which was in effect for more than sixty days, but not as to binder that was in effect for less than sixty days — Motion for more definite statement as to dates of claims by members of class other than plaintiff is granted

10 Fla. L. Weekly Supp. 985b

Insurance — Attorney’s fees — Insured was not required to specifically plead statutory or contractual basis for claim for attorney’s fees

10 Fla. L. Weekly Supp. 840b

Insurance — Attorney’s fees — Where insurer’s motion for relief from order determining amount of attorney’s fees, contending that interest on fee award should run from time amount is determined rather than date entitlement to fees is fixed, was totally devoid of merit, and no reasonable inquiry was made into current state of law prior to filing motion, motion is improper contest of plaintiff’s entitlement to prejudgment attorney’s fees — Plaintiff is awarded attorney’s fees for time spent responding to motion

10 Fla. L. Weekly Supp. 1060c

Insurance — Personal injury protection — Small claims — Proposal for settlement — Motion to apply rule 1.442, Florida Rules of Civil Procedure, denied

10 Fla. L. Weekly Supp. 1060b

Insurance — Personal injury protection — Motion to strike proposal for settlement filed pursuant to Rule of Civil Procedure 1.442 and section 768.79 granted — Defendant has not moved for application of any additional rules of civil procedure to instant small claims proceeding — Small claims actions are excluded from definition of civil actions and are not governed by any rule or statute not contemplated by Florida Small Claims Rules

10 Fla. L. Weekly Supp. 454a

Attorney’s fees — Insurance — Personal injury protection — Prevailing insured — Amount of attorney’s fees and expert witness fees calculated