Volume 17

17 Fla. L. Weekly Supp. 1207a

Online Reference: FLWSUPP 1712FIRS

Insurance — Title — Action by property owner against title insurer, alleging liability under title policy for loss incurred due to power company’s exercise of easement rights undisclosed in title search — Irrespective of failure of title search to disclose easement and owner’s repeated requests that title insurer confirm absence of easement, where owner had knowledge of existence and location of power lines on property, owner is charged as matter of law with knowledge of power company’s easement rights prior to issuance of title insurance policy and is deemed to have agreed to easement — Final summary judgment is granted in favor of insurer

17 Fla. L. Weekly Supp. 773a

Online Reference: FLWSUPP 1709NEVI

Insurance — Settlement — Enforcement — Error to rule on cross-motions to enforce settlement without conducting evidentiary hearing and taking evidence — Neither unsworn statements of counsel nor documents attached as exhibits to motions and memoranda are evidence

17 Fla. L. Weekly Supp. 179e

Online Reference: FLWSUPP 1703BEWE

Insurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Ambiguity — Proposal for settlement was sufficiently clear to allow medical provider to make informed decision about what rights would be exercised or extinguished by signing proposal — In absence of transcript of fee and cost hearing, appellate court is unable to evaluate claim that evidence was insufficient to justify award of entire amount of fees and costs requested by insurer

17 Fla. L. Weekly Supp. 108a

Online Reference: FLWSUPP 1702POE

Insurance — Property — Venue — Citizens Property Insurance Corporation is a governmental entity entitled to assert home venue privilege in Leon County, irrespective of its failure to assert privilege in other cases — Sword-wielder exception is inapplicable where complaint seeks to recover compensatory damages resulting from alleged breach of contract between Citizens and plaintiff and does not allege violation of fundamental constitutional right — Second Circuit in Leon County has jurisdiction and is appropriate forum

17 Fla. L. Weekly Supp. 1211b

Online Reference: FLWSUPP 1712HENN

Insurance — Property — Conditions precedent — Abatement — Insured’s alleged failure to comply with policy conditions prior to filing suit is defense to suit, not basis for abatement of suit — Motion to abate and motion for protective order are denied

17 Fla. L. Weekly Supp. 715b

Online Reference: FLWSUPP 1708CUST

Small claims — Pretrial conference — Continuance — Limitation — Small claims rules prohibit setting pretrial conference more than 50 days after filing action

17 Fla. L. Weekly Supp. 719a

Online Reference: FLWSUPP 1708BRIZ

Insurance — Personal injury protection — Venue — Forum non conveniens — Where named insured and his injured child reside in Collier County, all medical services at issue were provided at facility in Collier County, and only nexus to Palm Beach County is location of medical provider’s attorney’s office, motion for change of venue is granted

17 Fla. L. Weekly Supp. 215a

Online Reference: FLWSUPP 1703JON2

Insurance — Personal injury protection — Venue — Forum non conveniens — Where insurer has failed to show through sworn testimony or statements how it is inconvenienced or prejudiced by medical provider’s selection of venue, motion to transfer venue is denied

17 Fla. L. Weekly Supp. 92a

Online Reference: FLWSUPP 1702DEXT

Insurance — Personal injury protection — Private cause of action for violation of section 627.736 — Legislature did not intend for violations of PIP statute to give rise to private cause of action — Trial court erred in denying motion to dismiss with prejudice and imposing fines for violation of PIP statute

17 Fla. L. Weekly Supp. 122a

Online Reference: FLWSUPP 1702WITK

Insurance — Personal injury protection — Standing — Admissions — Medical provider’s motion for summary judgment as to standing is granted where provider relies on insurer’s admission that it has standing and, despite entry of an agreed order allowing insurer relief from admissions and notice of provider’s intent to rely on admission, insurer has not filed motion to amend admission as to standing