Volume 16

16 Fla. L. Weekly Supp. 1149b

Online Reference: FLWSUPP 1612WALT

Insurance — Workers’ compensation — First party bad faith action — Discovery — Work product — Attorney-client privilege — Comments in workers’ compensation adjuster’s notes regarding communications between carrier and its attorney discussing management of underlying workers’ compensation claim and how to defend it before workers’ compensation court are redacted from documents produced before delivery to plaintiff

16 Fla. L. Weekly Supp. 140b

Online Reference: FLWSUPP 162ALVAR

Civil procedure — Insurance — Summary judgment — Error to fail to consider opposing affidavit when deciding issues related to damages on motion for summary judgment

16 Fla. L. Weekly Supp. 1050a

Online Reference: FLWSUPP 1611KROE

Insurance — Proposal for settlement — Motion to compel enforcement of settlement agreement is denied where entry of final summary judgment terminated proposal for settlement prior to plaintiff’s acceptance of proposal 

16 Fla. L. Weekly Supp. 240a

Online Reference: FLWSUPP 163MURRA

Insurance — Commercial property — No merit to insurer’s claim that business’s recovery for new property damaged in hurricane is limited to costs of repair or replacement where clauses relied upon by insurer are limited by their terms to valuation of used property, and separate clause provides for valuation of new property at cost price to insured plus freight charges and assembly costs actually incurred

16 Fla. L. Weekly Supp. 212a

Online Reference: FLWSUPP 163FINAL

Insurance — Personal injury protection — Continuance — Denial — Error to deny motion for continuance of hearing on motion for summary judgment to allow medical provider to complete discovery and file deposition transcripts in opposition to summary judgment

16 Fla. L. Weekly Supp. 222b

Online Reference: FLWSUPP 163HODGE

Insurance — Personal injury protection — Peer review report — Civil procedure — Error to strike peer review report and doctor’s affidavit which was attached to and made part of defendant’s affidavit in opposition to plaintiff’s motion for summary judgment — Error to exclude peer review doctor as witness solely on ground that he conducted peer review that did not comply with section 627.736 — Errors were harmless

16 Fla. L. Weekly Supp. 572b

Online Reference: FLWSUPP 166SANTA

Insurance — Personal injury protection — Stay — Case is stayed pending resolution of appellate case, and insurer is required to escrow disputed benefits during stay

16 Fla. L. Weekly Supp. 596a

Online Reference: FLWSUPP 166HERAR

Insurance — Personal injury protection — Standing — Assignment — Where only assignment of benefits for treatment of named insured’s minor child in existence at time of filing suit was signed by child’s adult sister, medical provider did not have valid assignment and, therefore, did not have standing to file suit — Provider’s motion to amend complaint to attach assignment is denied where neither assignment signed by sister nor later assignment signed by named insured after suit was filed was valid assignment — Motion to dismiss granted

16 Fla. L. Weekly Supp. 618b

Online Reference: FLWSUPP 167OVALL

Insurance — Personal injury protection — Standing — Assignment — Remand for trial on merits pursuant to district court of appeal’s reversal of summary judgment which was erroneously entered despite ambiguity of assignment which caused issues of material fact to remain in dispute

16 Fla. L. Weekly Supp. 702a

Online Reference: FLWSUPP 168CONTI

Insurance — Personal injury protection — Reimbursement by insurer of commercial vehicle — Where insured of PIP carrier was injured in accident while driving taxicab which was insured through commercial motor vehicle policy, PIP carrier is entitled to reimbursement of PIP benefits pursuant to section 627.7405, which allows for reimbursement to PIP carriers of private passenger vehicles by insurer of commercial vehicles involved in accident — No merit to argument that taxicab is not commercial motor vehicle — By terms of PIP statute, right of reimbursement remains applicable notwithstanding section 627.733(1)(b), which excludes taxicabs from security requirements of No-Fault Law