Volume 15

15 Fla. L. Weekly Supp. 177a

Insurance — Personal injury protection — Attorneys — Disqualification — Conflict of interest — Prior representation — Motion to disqualify medical provider’s attorney due to prior employment with insurer is denied where cases in which attorney represented insurer were based on different factual circumstances than present case, attorney denies ever working on file for present case while employed by insurer, and attorney did not obtain confidential information related to insurer’s defenses and strategies in present case

15 Fla. L. Weekly Supp. 386a

Insurance — Personal injury protection — Attorneys — Disqualification

15 Fla. L. Weekly Supp. 810b

Insurance — Commercial liability — Coverage — Exclusions — Workers’ compensation — Where workers’ compensation claim would have been employee’s exclusive remedy for employer’s alleged negligence, employer’s failure to maintain statutorily mandated workers’ compensation insurance precludes coverage under commercial liability policy that excludes any obligation of employer under workers’ compensation and similar laws

15 Fla. L. Weekly Supp. 1054b

Insurance — General liability — Coverage — Automobile accident on roadway in front of insured bank — Error to interpret contractual promise to pay medical expenses for bodily injury caused by accident because of insured’s operations as requiring that accident must occur at location where bank is actively engaged on behalf of its business — Under plain meaning of contract, insurer is responsible for bodily injury caused by accident because of insured’s operations so long as accident occurs in coverage territory — Bodily injury caused by accident on “ways next to premises” includes injury occurring on public roadway adjacent to bank property — Entry of summary judgment in favor of insurer was error where there remain disputed issues of material fact as to exactly where accident occurred and whether design and landscaping of bank caused claimant not to see vehicle she struck as it exited fast food restaurant next to bank

15 Fla. L. Weekly Supp. 1171a

Insurance — Personal injury protection — Cancellation for nonpayment of premium

15 Fla. L. Weekly Supp. 960b

Insurance — Automobile — Coverage — Rental car used in business — Where policy unambiguously excluded coverage of any vehicle rented and used in insured’s employment or business, rental vehicle used by insured in his employment as salesperson was excluded — Further, even if rental vehicle was covered as “non-owned” vehicle, there would still be no coverage where policy provided that insurance would not apply to claims arising from accidents occurring while insured vehicle was used in course of business unless policy was rated for business, and policy was not rated for business

15 Fla. L. Weekly Supp. 270c

Insurance — Automobile — Default — Vacation — Motion to vacate default judgment is denied where insurer strictly complied with constructive notice provisions and went beyond mere database search and cursory attempts to locate defendant by following investigative leads and going to possible addresses in attempts to serve process, and defendant would have been personally served had he complied with requirements to notify Department of Highway Safety and Motor Vehicles of changes of address

15 Fla. L. Weekly Supp. 270c

Insurance — Automobile — Default — Vacation — Motion to vacate default judgment is denied where insurer strictly complied with constructive notice provisions and went beyond mere database search and cursory attempts to locate defendant by following investigative leads and going to possible addresses in attempts to serve process, and defendant would have been personally served had he complied with requirements to notify Department of Highway Safety and Motor Vehicles of changes of address

15 Fla. L. Weekly Supp. 599a

Insurance — Automobile — Examination under oath — Failure to attend — Where insured failed to comply with three demands to submit to EUO regarding claim for insured vehicle that was stolen and burned while in his possession, insured willfully and materially breached policy, and coverage is precluded — Neither submission of co-insured to EUO nor recorded statement given by insured satisfies requirement that insured submit to EUO — Where co-insured filed suit before EUO condition of policy was satisfied by insured, neither law nor facts support application of innocent co-insured doctrine

15 Fla. L. Weekly Supp. 839a

Insurance — Automobile — Coverage — Where insured took action to switch coverage from another insurer to defendant insurer, after date of accident defendant insurer submitted correspondence to agent requesting documentation regarding insured’s prior coverage, agent failed to provide documentation, and defendant insurer subsequently issued insurance identification card retroactive to date prior to accident, insured is entitled to coverage for accident

15 Fla. L. Weekly Supp. 1214a

Insurance — Automobile — Comprehensive — Limits of liability — Windshield replacement — Limits of liability provisions of insurance contract at issue clearly contemplates that a repair includes replacement of parts and equipment, such as windshields — Accordingly, whether windshield replacement is termed repair or replacement, limits of liability provision applies to breach of contract claim brought by glass repair shop