Volume 15

15 Fla. L. Weekly Supp. 311a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 15 Fla. L. Weekly Supp. 570a

Insurance — Personal injury protection — Application — Misrepresentations — Refund of premiums — Trial court erred in directing verdict in favor of medical provider where insured’s testimony as to whether he received refund check was inconsistent, and insurer presented copy of refund check and testimony that check was mailed in normal course of business

15 Fla. L. Weekly Supp. 378a

Insurance — Personal injury protection — Application — Misrepresentations — Insurer waived alleged misrepresentation in application by failing to return premiums to insured

15 Fla. L. Weekly Supp. 185a

Insurance — Personal injury protection — Application — Misrepresentations — Insurer waived alleged material misrepresentation by failing to return premium to insured

15 Fla. L. Weekly Supp. 570a

Insurance — Personal injury protection — Application — Misrepresentations — Refund of premiums — Trial court erred in directing verdict in favor of medical provider where insured’s testimony as to whether he received refund check was inconsistent, and insurer presented copy of refund check and testimony that check was mailed in normal course of business — Further, court erred as matter of law in taking rescission issue away from jury based on belief that misrepresentation did not impose additional risk on insurer where uncontroverted testimony established that policy’s premium rate would have been 15% higher had there been no misrepresentation

15 Fla. L. Weekly Supp. 174a

Insurance — Personal injury protection — Application — Misrepresentations — Where insured failed to inform insurer of licensed son residing in household, and insurer would not have issued policy at same premium had it known of son, insurer may deny coverage for injuries sustained by son while driving vehicle owned by father and insured by different insurer — No merit to argument that coverage must be extended to son under Innocent Insured Doctrine where son is not unrelated third-party beneficiary of mother’s policy and represents additional risk not reflected in premium — Son should look to insurer of father’s vehicle for coverage

15 Fla. L. Weekly Supp. 583a

Insurance — Automobile — Appeals — Timeliness — Appeal was timely filed where motion for rehearing tolled rendition of final default judgment until order disposing of motion was rendered — Absence of transcript — Issues not raised below — Affirmance of lower court ruling

15 Fla. L. Weekly Supp. 219a

Insurance — Personal injury protection — Summary judgment — Peer review report — Error to strike peer review report as untimely because report was not obtained during 30-day period allowed for obtaining proof that services were not reasonable, related or necessary — However, where insurer did not object to order striking report or request rehearing on order, issue was not preserved for appeal

15 Fla. L. Weekly Supp. 565b

Insurance — Personal injury protection — Evidence — Peer review — Insurer waived right to appellate review of exclusion of peer review report and peer review doctor’s testimony as to reasonableness, relatedness and medical necessity of treatment where insurer failed to proffer report or testimony — Where trial court did nothing to interfere with reasonable proffer, there is no fundamental error

15 Fla. L. Weekly Supp. 221b

Insurance — Personal injury protection — Coverage — Where court determined that insured’s misrepresentation on application for personal injury protection coverage was not material and did not void the policy and entered judgment in favor of provider/assignee in its claim against PIP insurer for treatment provided to insurer, and insurer did not appeal that judgment, insurer was collaterally estopped from bringing consolidated appeal challenging, on ground that insured’s misrepresentations voided coverage, judgments in favor of provider/assignee for treatment provided to insured’s passengers for injuries sustained in same accident — Possible mistake of law in judgment in favor of provider as assignee of named insured does not disqualify it as final judgment for purposes of collateral estoppel — Mistake of law cannot be remedied by rule 1.540(b) motion filed by PIP insurer

15 Fla. L. Weekly Supp. 420a

Insurance — Personal injury protection — Discovery — Depositions — Certiorari challenge to order denying motion for protective order seeking to prevent depositions of medical provider’s owner, firm administrator, and physical therapist/chiropractic assistant who allegedly provided treatment to insured fails where there is no merit to claims that insurer waived all affirmative defenses except coverage and seeks to take depositions only to inquire into unpled issues — No abuse of discretion in denying motion to stay depositions until disposition of appeal — Attorney’s fees — Insurer’s motion for section 57.105(1) attorney’s fees is denied in view of ambiguity surrounding reason insurer sought to take depositions