Volume 12

Case Search

NEW LIFE REHABILITATION, INC., ET AL., (a/a/o Andres Mesa), Appellant, v. UNITED AUTOMOBILE INS. CO., Appellee.

12 Fla. L. Weekly Supp. 708a

Insurance — Personal injury protection — Appeals — Default — Motion for default at appellate level pursuant to rule 9.210(f) is denied, as rule merely advises of proper time for serving pleadings and does not address default or dismissal of appeals — Where counsel for insurer was granted extension of time to file answer brief based on assertion that record on appeal had yet to be filed when, in fact, record had been filed, appellate court and clerk issued orders warning that failure to file brief within time allowed could preclude filing brief or participating in oral argument, insurer’s counsel has history of use of misstatements of fact and other chicanery to procure additional time to submit appellate pleadings, and insurer has yet to file answer brief, motion for sanctions is granted and insurer is precluded from filing answer brief or participating in oral argument

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EDWARD D. LEWIS, JR., Plaintiff, vs. AMERICAN HOME ASSURANCE COMPANY, Defendant.

12 Fla. L. Weekly Supp. 1071a

Insurance — Personal injury protection — Coverage — Where policy language regarding additional personal injury protection is ambiguous, language will be construed liberally in favor of insured and strictly against insurer — Coverage clauses are construed in broadest possible manner to effect greatest extent of coverage — Post-suit payment of disputed bill is functional equivalent of confession of judgment or verdict in insured’s favor — Insured’s motion for summary judgment is granted

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