Volume 11

11 Fla. L. Weekly Supp. 126d

Small claims — Insurance — Proposal for settlement — Applicability of Rule 1.442, Florida Rules of Civil Procedure, to small claims actions

11 Fla. L. Weekly Supp. 126c

Small claims — Insurance — Proposal for settlement — Applicability of Rule 1.442, Florida Rules of Civil Procedure, to small claims actions

11 Fla. L. Weekly Supp. 126b

Small claims — Insurance — Proposal for settlement — Applicability of Rule 1.442, Florida Rules of Civil Procedure, to small claims actions

11 Fla. L. Weekly Supp. 126a

Small claims — Insurance — Proposal for settlement — Applicability of Rule 1.442, Florida Rules of Civil Procedure, to small claims actions

11 Fla. L. Weekly Supp. 125c

Small claims — Insurance — Proposal for settlement — Applicability of Rule 1.442, Florida Rules of Civil Procedure, to small claims actions

11 Fla. L. Weekly Supp. 125b

Small claims — Insurance — Proposal for settlement — Application of Rule 1.442, Florida Rules of Civil Procedure to small claims actions would undermine purpose and intent of Florida Small Claims Rules — Defendant’s motion to apply rules of civil procedure granted except for Rule 1.442

11 Fla. L. Weekly Supp. 125a

Small claims — Insurance — Proposal for settlement — Motion to invoke rule 1.442, Florida Rules of Civil Procedure, granted

11 Fla. L. Weekly Supp. 1041b

Attorney’s fees — Insurance — Personal injury protection — Trial court is directed to vacate order awarding attorney’s fees to medical provider where underlying judgment in favor of provider was reversed on appeal

11 Fla. L. Weekly Supp. 397b

Insurance — Automobile — Coverage — Cancellation — Appeal from declaratory final judgment in favor of plaintiff on claim that insurer was estopped from denying coverage due to plaintiff’s nonpayment of balance of policy down payment for accident that occurred during period in which insurer’s agent had extended time for payment of balance — Cross-appeal of trial court’s denial of plaintiff’s motion for directed verdict on her breach of contract claim — Promissory estoppel — No error in denial of insurer’s motion for directed verdict on estoppel claim where due to agent’s assurances to plaintiff that she was insured, it would be injustice to allow insurer to deny that plaintiff was covered, and therefore, there was at least reasonable evidence for jury to apply promissory estoppel in plaintiff’s favor — Jury instructions — No error in denial of instruction stating that a party’s wrongful act cannot ordinarily serve as basis for estoppel claim against another where testimony and evidence do not justify requested instruction because plaintiff’s alleged wrongful act of failing to read receipt that indicated additional down payment was due was not intentional wrong — Even if failure to read receipt was wrongful act, agent’s subsequent written assurances to plaintiff that she was covered and would have additional time to pay balance seems to negate plaintiff’s wrongdoing — Attorney’s fees — No error in awarding attorney’s fees to plaintiff based on success on estoppel claim, despite rejection of plaintiff’s breach of contract claim, where statute does not require that prevailing insured have written contract with insurer to recover fees — Further, award of fees serves statutory purpose to make whole plaintiff who jury has determined never should have been forced to litigation — Breach of contract — Plaintiff was not entitled to directed verdict on breach of contract claim because it is illegal for insurer to issue coverage without having collected from insured amount equal to two months’ premium, and it is undisputed that insurer was not paid requisite amount

11 Fla. L. Weekly Supp. 742a

Attorney’s fees — Insurance — Personal injury protection — Where PIP log requested by provider was not provided pre-suit, and insurer confessed judgment in declaratory judgment action seeking relief on issue of entitlement to log by providing log post-suit, issue of whether provider’s pre-suit demand letter was compliant with section 627.736(11) is moot, and provider is entitled to attorney’s fees