Volume 11

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LAWRENCE ROBINSON, M.D. and/or d/b/a ORTHOPAEDICS OF BREVARD, and LAWRENCE ROBINSON, M.D. and/or d/b/a ORTHOPAEDICS OF BREVARD as an Agent and/or assignee of JOSEPH DEMARCO, assignor principle and/or as Third Party Beneficiary, Plaintiff, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Defendant.

11 Fla. L. Weekly Supp. 738a

Insurance — Personal injury protection — Small claims — Proposal for settlement — Insurer’s proposal for settlement is stricken where parties agreed at pre-trial conference in small claims PIP action to invoke rules of civil procedure except rule 1.442 and corresponding section 768.79, insurer requested and medical provider objected to invocation of the rule and statute, and insurer filed motion to invoke rule 1.442 but did not schedule motion for hearing — While proposal for settlement may be available in small claims PIP suit, party is obligated to follow appropriate procedure to activate or apply statute and rule

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LAURA ANN FOYT, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.

11 Fla. L. Weekly Supp. 445a

Insurance — Personal injury protection — Small claims — Attorney’s fees — Proposal for settlement — Motion to strike proposal for settlement filed pursuant to section 768.79 in small claims PIP action is denied — Court is bound by district court decision holding that section 768.79 applies to cases brought pursuant to section 627.736 and applies to cases pending in Small Claims Court

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PT FIRST REHABILITATION SERVICES, INC., as assignee of SUZANNE MYATT, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.

11 Fla. L. Weekly Supp. 443a

Insurance — Personal injury protection — Small claims — Attorney’s fees — Proposal for settlement — Motion to strike proposal for settlement/offer of judgment filed pursuant to section 768.79 in small claims PIP action is denied — There is insufficient showing that offer has not been made in good faith to grant motion to strike on that basis

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