Volume 13

13 Fla. L. Weekly Supp. 1205c

Insurance — Automobile — Discovery — Fraud on court — Sanctions — Dismissal — Where throughout discovery insured misrepresented, omitted, and fraudulently concealed fact that she and person driving vehicle at time of accident were living together at time of application for insurance, and concealed fact goes to critical issue of household residents and excluded drivers, insured engaged in calculated attempt to perpetrate fraud on court and subverted justice to extent that there is no remedy other than dismissal with prejudice

13 Fla. L. Weekly Supp. 780a

Insurance — Automobile — Interest — Delay in payment of benefits — Trial court did not err in finding that insured was not entitled to statutory interest pursuant to section 627.4265 although insurer tendered settlement amount 2 days after payment deadline — Parties’ settlement agreement stated that the settlement was contingent upon the receipt by defense counsel of a general release and indemnification agreement, which defense counsel ultimately provided to insured — Insured was not precluded from tendering his own release had he desired earlier payment

13 Fla. L. Weekly Supp. 1056a

Insurance — Automobile — Coverage — Exclusions — Where insured agreed in application, named driver exclusion agreement, and named driver exclusion acknowledgment that husband would be excluded from coverage under policy, trial court erred in finding coverage for loss of insured’s vehicle while operated by husband — Appeals — Lack of transcript of summary judgment hearing does not preclude appellate review where other evidence in record indicates that issues on appeal were raised at hearing

13 Fla. L. Weekly Supp. 1047a

Insurance — Automobile — Florida Automobile Joint Underwriting Association — Cancellation of policy — Failure to provide copy of vehicle registration to insurer — Where it was undisputed that insured received a notice of cancellation and was notified of his right to appeal the cancellation, but failed to do so; and insured never received a notice of reinstatement, nor did insurance agent represent to insured that his policy had been reinstated, trial court erred in denying insurer’s motion for summary judgment on ground that cancellation of policy was ineffective — Trial court erred in granting insured’s cross-motion for summary judgment on ground that insurer, which mailed unearned premium to premium finance company, failed to comply with provision of statute requiring return of unearned premium to the insured — Statute does not apply in instant case which involved cancellation of policy because insured did not comply with underwriting requirements

13 Fla. L. Weekly Supp. 788a

Insurance — Automobile — Rescission — Return of premiums — Where insurer did not tender to premium finance company all premiums paid by insured, it did not effect common law rescission of insurance policy — Directed verdict in favor of insured affirmed

13 Fla. L. Weekly Supp. 352a

Attorney’s fees — Insurance — Personal injury protection — Timeliness of motion — Motion to tax attorney’s fees and costs filed more than 30 days after entry of order granting summary judgment without reservation of jurisdiction regarding fees and costs was untimely filed, regardless of fact that medical provider improperly filed voluntary dismissal after entry of order granting summary judgment

13 Fla. L. Weekly Supp. 394c

Insurance — Personal injury protection — Discovery — Depositions — Failure to attend — Sanctions — Where insurer’s litigation adjuster failed to appear for deposition regarding insurer’s claim for attorney’s fees awarded as sanction against medical provider in underlying PIP suit and failed to obtain protective order or provide any reason for non-appearance, and insurer’s counsel also failed to appear for deposition after numerous attempts by provider’s counsel to coordinate deposition, conduct is deliberate contumacious disregard for trial court’s authority and grounds for award of sanctions — Insurer’s motion for award of fees and costs is stricken

13 Fla. L. Weekly Supp. 496a

Attorney’s fees — Insurance — Personal injury protection — Discovery — Depositions — Non-party physician — Medical provider was entitled to file motion for protective order on behalf of non-party physician insurer sought to depose — Any deficiency in provider’s standing to seek protective order was cured when law firm representing provider was retained by non-party physician — Where motion for protective order was necessitated by insurer’s conduct of setting deposition at insurer’s attorney’s office at arbitrarily selected date and time and seeking to deprive physician of expert witness fee, opposition to motion was not justified in light of clear precedent in circuit holding that independent contractor physician is entitled to expert witness fee, and court granted relief sought in motion, provider’s attorneys are entitled to attorney’s fees and costs for securing protective order — Attorneys are also entitled to fees and costs for time spent litigating issue of entitlement to fees and costs

13 Fla. L. Weekly Supp. 362a

Attorney’s fees — Insurance — Personal injury protection — Discovery — Depositions — Provider is entitled to attorney’s fees and costs for securing protective order and prevailing on issue of entitlement to expert witness fee where insurer’s conduct in setting deposition of third-party radiologist at insurer’s attorney’s office at arbitrarily selected date and time and insurer’s intent to deprive radiologist of expert witness fee necessitated medical provider’s filing of motion for protective order, and insurer’s opposition to motion was unjustified in light of precedent in circuit — Provider’s counsel is also entitled to attorney’s fees and costs for litigating issue of entitlement to attorney’s fees

13 Fla. L. Weekly Supp. 501c

Attorney’s fees — Insurance — Personal injury protection — Proposal for settlement — Where prevailing insurer’s proposal for settlement for $100 was not made in bad faith, insurer is entitled to award of attorney’s fees and costs