Volume 14

14 Fla. L. Weekly Supp. 862a

Insurance — Uninsured motorist — Joinder of uninsured at-fault driver as co-defendant in insured’s breach of contract action against UM insurer is not required despite contract provision requiring insured to sue both insurer and at-fault driver — If insurer desires to join at-fault driver, it may file third-party action for subrogation

14 Fla. L. Weekly Supp. 553a

Insurance — Settlement agreement — Enforcement — Motion to enforce settlement agreement is granted, notwithstanding plaintiff’s attempt to call off settlement after defendant tendered payments in the agreed amounts and provided general release for plaintiff’s execution — Correspondence from plaintiff’s prior attorney consummated the settlement agreement previously reached, regardless of whether a release was to be executed, and lawsuit was to be dismissed with prejudice upon payment of the agreed amounts

14 Fla. L. Weekly Supp. 105a

Insurance — Personal injury protection — Venue — Forum non conveniens — Where medical provider’s only nexus with county where suit was filed is fact that insurer does business there, and substantially all other aspects of case are elsewhere, motion to transfer venue is granted

14 Fla. L. Weekly Supp. 687c

Insurance — Personal injury protection — Venue — Forum non conveniens — Motion to transfer venue denied

14 Fla. L. Weekly Supp. 805b

Insurance — Personal injury protection — Venue

14 Fla. L. Weekly Supp. 827a

Insurance — Personal injury protection — Summary judgment — Opposing affidavit — Defects — Insurer should have been permitted to correct technical deficiency in affidavit stating information was true to best of affiant’s knowledge prior to entry of summary judgment against insurer

14 Fla. L. Weekly Supp. 821b

Insurance — Personal injury protection — Summary judgment — Hearing — Continuance — Denial — Abuse of discretion to deny continuance of summary judgment hearing and grant summary judgment before medical provider had opportunity to complete discovery

14 Fla. L. Weekly Supp. 976a

Insurance — Personal injury protection — Summary judgment — Denial — Failure to identify admissible materials on which movant relies

14 Fla. L. Weekly Supp. 178a

Insurance — Personal injury protection — Summary judgment — Affirmative defenses — Insurer’s statement in prior motions that its only affirmative defense was insured’s alleged failure to attend examination under oath constituted tacit admission that failure to attend EUO was insurer’s only defense — Insurer may not assert additional affirmative defenses in attempt to defeat summary judgment

14 Fla. L. Weekly Supp. 887a

Insurance — Personal injury protection — Reimbursement of benefits — Operation of commercial vehicle — Where insured, who was injured while operating city vehicle, suffered no actual loss even after having reimbursed city half of recovery received from third-party tortfeasor in settlement of workers’ compensation lien, PIP carrier could have denied insured’s PIP claim and has no right to reimbursement of unreasonable and unnecessary payment of PIP benefits from city