Volume 12

12 Fla. L. Weekly Supp. 867b

Insurance — Personal injury protection — Settlement agreement — Vacation — Insurer’s motion to set aside settlement and to strike insured’s motion for attorney’s fees and costs is granted based on finding that insured’s attorney lacked clear and unequivocal authority to execute settlement on insured’s behalf after insured terminated the representation — Insurer’s motion for attorney’s fees is granted

12 Fla. L. Weekly Supp. 636a

Insurance — Personal injury protection — Settlement agreement — Motion to set aside — Unilateral mistake — No abuse of discretion in refusing to set aside mediated settlement agreement and order ratifying agreement where failure to ascertain correct amount of damages with information readily available and time to accurately determine them is not mistake going to substance of agreement, and medical provider sets forth no facts to support claim that mistake caused by provider’s oversight was excusable

12 Fla. L. Weekly Supp. 485a

Insurance — Personal injury protection — Summary judgment — Rehearing — Court refuses to consider counter-affidavits submitted for first time in motion for rehearing filed by insurer after summary judgment was entered in favor of medical provider — Motion for rehearing denied — Question certified whether it is abuse of discretion for trial court to refuse to consider counter-affidavits submitted for first time in a motion for rehearing by nonmoving party after summary judgment has been entered against that party where counter-affidavits create genuine issues of material fact

12 Fla. L. Weekly Supp. 567c

Attorney’s fees — Proposal for settlement — Insurance — Personal injury protection — Small claims — Rules of civil procedure, including rule regarding proposals for settlement, shall apply in small claims PIP case

12 Fla. L. Weekly Supp. 567b

Attorney’s fees — Proposal for settlement — Insurance — Personal injury protection — Small claims — Rules of civil procedure, including rule regarding proposals for settlement, shall apply in small claims PIP case

12 Fla. L. Weekly Supp. 583a

Insurance — Personal injury protection — Pleadings — Answer — Amendment — Motion to file second amended answer and affirmative defenses is denied where action had already been pending 18 months when motion was served, medical provider has already had to come into court several times on pretrial matters at behest of insurer, and insurer was unable to advise court of reasons for significant delay in case

12 Fla. L. Weekly Supp. 1082a

Insurance — Personal injury protection — Notice of loss — Timeliness — Late notice defense must fail because insurer was not deprived of opportunity to timely investigate claim where insurer received notice 32 days after initiation of treatment but waited four weeks after receipt of notice to send PIP package, insurer did not schedule physical examination and examination under oath until more than two months after receipt of notice, insurer did not deny claims from other medical providers based on late notice but instead applied bills to deductible, and insurer did not assert late notice defense in response to pre-suit demand letter

12 Fla. L. Weekly Supp. 3a

Insurance — Personal injury protection — Coverage — Defenses — Notice of loss — Jury instruction on late notice was against manifest weight of evidence where policy provided for notification of insured’s accident rather than injury, insurer’s assertion that it raised affirmative defense of untimely notice of injury as opposed to accident conflicted with its written defense referring to notice of “alleged loss accident,” and insurer’s litigation adjuster admitted in deposition that it was not defending case on basis that it did not get notice as soon as practicable after accident — Remand for new trial

12 Fla. L. Weekly Supp. 778b

Insurance — Personal injury protection — Assignee’s action against insurer — Presuit requirements — Notice of loss — Disclosure and acknowledgment form — Where it was established that insurer did not receive disclosure and acknowledgment form before assignee filed suit, and form which was forwarded to insurer nearly a year after suit was filed purported to be executed on date two months prior to the date the form was available for distribution by the Department of Insurance, insurer is entitled to summary judgment

12 Fla. L. Weekly Supp. 1190a

Insurance — Personal injury protection — Claims — Disclosure and acknowledgment form — Where it is undisputed that insured did not execute standard disclosure and acknowledgment form which is part of claims process until after last treatment for which medical provider seeks payment, insurer’s motion for summary judgment is granted