Volume 12

12 Fla. L. Weekly Supp. 654c

NOT FINAL VERSION OF OPINION
Subsequent Changes at 12 Fla. L. Weekly Supp. 853a

Insurance — Homeowners — Condominiums — Claim for water loss/damage to condominium unit’s bathroom walls, cabinets and fixtures is excluded under homeowners policy where policy provides that it will cover property pertaining to premises which are homeowner’s responsibility as expressed or implied under governing rules of condominium, and declaration of covenants provides that condominium association’s hazard insurance covers repairs to walls, cabinets and fixtures within bathroom of unit

12 Fla. L. Weekly Supp. 947b

Insurance — Personal injury protection — Fraud on court — Sanctions — Dismissal — Where plaintiffs in PIP action for injuries allegedly sustained in accident involving phantom vehicle misrepresented material information regarding their involvement in previous accidents, previous injuries sustained, prior litigation and information that would facilitate discovery, complaint is dismissed with prejudice

12 Fla. L. Weekly Supp. 278a

Insurance — Fire — Subrogation action by insurer against tenant of apartment damaged by cooking fire — Where lease provides that tenant is responsible for repairing damage to apartment it may cause, recommends that tenant secure liability insurance, and contains indemnity clause in favor of landlord, but does not clearly shift risk of fire loss to tenant or expressly require tenant to obtain fire insurance, tenant is intended beneficiary under landlord’s fire insurance policy and cannot be sued by insurer — Final summary judgment in favor of tenant affirmed

12 Fla. L. Weekly Supp. 115a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 12 Fla. L. Weekly Supp. 532a

Insurance — Personal injury protection — Coverage — Evidence — Accident report privilege — Error to admit accident report into evidence because report is expressly inadmissible under section 316.066(4) — Even if exception to accident report privilege applied, trial court erred in admitting report without testimony because report of investigation is not admissible under public records and reports hearsay exception — Remand for new trial

12 Fla. L. Weekly Supp. 568b

Insurance — Personal injury protection — Dismissal — Two dismissal rule — Medical provider is barred from activating third identical suit for same PIP benefits where two prior suits were voluntarily dismissed by provider — Second suit operated as adjudication on merits when served by provider who had previously dismissed identical action in another jurisdiction

12 Fla. L. Weekly Supp. 501a

Insurance — Personal injury protection — Discovery — Privilege — Work product — After in camera review, court finds that work product privilege applies only to snapshot computer generated notes and close file notes

12 Fla. L. Weekly Supp. 151a

Insurance — Personal injury protection — Discovery — Documents — Adjuster’s log — Privilege — Work product — Adjuster’s log becomes non-discoverable work product when adjuster makes determination that independent medical examination report is appropriate — Motion to compel is granted as to adjuster log notes from inception of claim up to time of adjuster making determination that IME was appropriate

12 Fla. L. Weekly Supp. 155b

Insurance — Personal injury protection — Discovery — Objections to supplemental discovery are overruled where there is nothing in file to indicate that claimed trade secret privilege is applicable or that supplemental discovery is irrelevant — Objecting insurer should have filed privilege log and/or produced allegedly protected documents for in camera inspection

12 Fla. L. Weekly Supp. 354a

Insurance — Personal injury protection — Coverage — Medical expenses — Discovery — In event of dispute relating to insurer’s right to discover information about insured’s history, condition or treatment or dates and costs of such treatment, insurer may petition court to enter order permitting such discovery — Medical provider ordered to provide documentation and items requested by insurer

12 Fla. L. Weekly Supp. 147a

Insurance — Personal injury protection — Presuit discovery — Where medical provider submitted incomplete, unsigned, unattested, and improperly filled out HCFA 1500 claim form for range of motion and muscle strength testing, insurer has made several attempts to obtain additional information regarding bills, and provider has refused to produce requested documents and information, insurer’s petition for presuit discovery is granted