Volume 13

13 Fla. L. Weekly Supp. 735b

Insurance — Personal injury protection — Arbitration — Where neither party has moved for trial de novo within twenty days of service of arbitrator’s decision, court is required to enter judgment in accordance with decision

13 Fla. L. Weekly Supp. 733a

Insurance — Personal injury protection — Arbitration — Where parties failed to timely make request for trial de novo within twenty days of service of arbitrator’s decision, court is required to enter judgment in accordance with decision

13 Fla. L. Weekly Supp. 507a

Insurance — Personal injury protection — Arbitration — Where neither party has moved for trial de novo within twenty days of service of arbitrator’s decision, court is required to enter judgment in accordance with decision

13 Fla. L. Weekly Supp. 111a

Insurance — Personal injury protection — Arbitration — Where neither party requested trial de novo, judgment is entered in accord with arbitrator’s decision

13 Fla. L. Weekly Supp. 37a

Insurance — Personal injury protection — Arbitration — No merit to argument that only issue of damages could be arbitrated and remaining issue of coverage must be determined by court — Where insurer filed untimely petition for trial de novo, trial court had no discretion but to enter judgment based on arbitrator’s decision

13 Fla. L. Weekly Supp. 1113a

Insurance — Personal injury protection — Application — Misrepresentations — Where insurer failed to effectively rescind and cancel policy by returning all pertinent premiums paid on policy within reasonable time, insurer waived right to assert material misrepresentation defense — Declaratory judgment — Insurer’s obligation to provide policy, declarations page and/or PIP log on presuit request from medical provider/assignee — Summary judgment entered against insurer that failed to provide policy information requested by provider prior to suit

13 Fla. L. Weekly Supp. 1223b

Insurance — Personal injury protection — Application — Material misrepresentations — Waiver — Where insurer failed to return premium to insured upon learning of alleged material misrepresentation, insurer waived right to deny coverage based on misrepresentation

13 Fla. L. Weekly Supp. 552b

Insurance — Personal injury protection — Misrepresentations — Use of vehicle for commercial purposes — Evidence — In entering summary judgment in favor of insurer that denied claim based on insured’s alleged use of vehicle for commercial purposes, trial court erred in considering as fact unsworn statements made by insured during telephone conversation with claims representative

13 Fla. L. Weekly Supp. 358a

Insurance — Personal injury protection — Application — Misrepresentations — Motion to strike affirmative defense alleging insured committed material misrepresentation on application when she stated covered vehicle would not be used for business purposes is granted — Where definition of term “business purposes” is never delineated in policy or any other document provided to insureds or their agent, term is an undefined term subject to differing interpretations that must be construed liberally in favor of insureds and strictly against insurer and cannot be used to exclude insureds from coverage

13 Fla. L. Weekly Supp. 383a

Insurance — Personal injury protection — Rescission of policy — Misrepresentations on application — Failure to list all residents of household — Where insurer learned of misrepresentation during examination under oath of insured, which was obtained four months after accident giving rise to claim, but did not return premiums to premium finance company and notify insured of rescission of policy until 19 months later, insurer does not have clean hands — Court finds as matter of law that 19 months cannot be considered a reasonable amount of time to rescind insurance policy — Since insurer stipulated it would exhaust policy limits in the event court finds coverage, plaintiff is entitled to summary judgment — Jurisdiction reserved to award attorney’s fees and costs to insured