Volume 11

11 Fla. L. Weekly Supp. 273c

Insurance — Personal injury protection — Attorneys — Disqualification — Prior employment by insurer — Error to disqualify medical provider’s counsel without conducting an evidentiary hearing

11 Fla. L. Weekly Supp. 7b

Torts — Negligence — Automobile accident — Rear-end collision — In absence of transcript, trial court’s finding that insured who made sudden stop was comparatively negligent and 70% at fault for rear-end collision must be affirmed — Error to fail to award costs and prejudgment interest to prevailing insurer, which was acting as subrogee of insured — Trial court has no discretion to deny costs to party recovering a judgment

11 Fla. L. Weekly Supp. 239d

Contempt — Insurance — Assignor’s failure to appear for deposition

11 Fla. L. Weekly Supp. 430a

Insurance — Cancellation — Motion to dismiss complaint in action for return of unearned premium denied — Claim for monies had and received is not barred by existence of other legal remedies because claim functions as legal, not equitable claim — Contracts — Insured is not required to bring action for failure to return unearned premium under section 624.155, but may maintain breach of contract action

11 Fla. L. Weekly Supp. 909a

Insurance — Builder’s risk — Coverage — Summary judgment — Factual issues — Where affidavit of builder’s office manager stating that she mailed report for home under construction and premium for builder’s risk policy before loss establishes prima facie proof that report and premium were received by insurer, and insurer’s affidavit states that insurer never received report and premium, factual dispute as to whether report and premium were received precludes entry of summary judgment

11 Fla. L. Weekly Supp. 722a

Insurance — Uninsured motorist — Motion to dismiss complaint seeking declaration that insurer cannot avoid potential bad faith liability by belated payment of UM policy limits and damages for insurance fraud — Bad faith — Amendment to uninsured motorist statute regarding bad faith claims expands insured’s potential recoverable damages but does not do away with statutory condition precedent to file sixty-day civil remedy notice — Where insurer paid insured UM policy limits prior to sixty-day civil remedy notice being filed, no action for bad faith lies and there is no bona fide dispute giving rise to action for declaratory relief — Insurance fraud — Section 817.234 requires criminal adjudication of guilt as prerequisite to recovery in civil cause of action for insurance fraud whether action is brought against insured or insurer — There can by no cause of action against insurer under statute where there has been no adjudication of guilt — Complaint dismissed with prejudice

11 Fla. L. Weekly Supp. 50a

Insurance — Proposal for settlement — Untimely acceptance — Motion to enforce settlement denied

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

11 Fla. L. Weekly Supp. 563b

Attorney’s fees — Insurance — Personal injury protection — Small claims — Proposal for settlement — Motion to strike proposal for settlement in small claims PIP action is denied — Issue of whether proposal bears reasonable relationship to what is owed is not yet ripe

11 Fla. L. Weekly Supp. 485a

Small claims — Motion to Invoke Rules granted — Rules of Civil Procedure, including rule 1.442, shall apply in their entirety in this matter