Volume 15

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STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, vs. CARRIE CLARK, Appellee.

15 Fla. L. Weekly Supp. 1046a

Insurance — Personal injury protection — Declaratory judgment — Insurer is not obligated by section 627.736(6) to furnish PIP log to insured presuit — Remand to consider whether insurer had contractual duty to furnish PIP log — Attorney’s fees — Offer of judgment — Where real issue in case was whether insurer was obligated to produce PIP log, case was not action for damages, and offer of judgment statute does not apply

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JACQUELINE ACOSTA, Appellant, v. MERCURY INSURANCE COMPANY OF FLORIDA, Appellee.

15 Fla. L. Weekly Supp. 868a

Insurance — Personal injury protection — Declaratory judgment — Conditions precedent — Demand letter was not required where action sought declaration regarding existence of PIP coverage, not recovery of PIP benefits — Error to dismiss action for failure to satisfy demand letter condition precedent — Attorney’s fees — Appellate — Entitlement to fees pursuant to section 627.428(1) when dispute with insurer results in declaratory judgment rather than monetary judgment

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