Volume 17

17 Fla. L. Weekly Supp. 181a

Online Reference: FLWSUPP 1703BAYFTorts — Contracts — Insurance — Jurisdiction — Non-residents — Motion to dismiss filed by nonresident insurer whose codefendant/insured was involved in automobile accident in Florida that resulted in property damage to plaintiff’s vehicle and to custom cabinets in vehicle and who, according to allegations of complaint, committed negligence per se by having an unlicensed adjuster perform appraisal of damages resulting from the accident and breached insurance contract by failing to pay for loss and damages caused by its insured — Where pleadings indicate that insurer had only attenuated relationship with Florida, established only through fact that its insured traveled within state borders, it lacked sufficient minimum contacts with Florida such that it could reasonably anticipate being haled into court in Florida — Insurer’s motion to dismiss counts alleging breach of contractual obligation of good faith and fair dealing, bad faith claims handling, and negligence per se is granted

17 Fla. L. Weekly Supp. 746b

Online Reference: FLWSUPP 1709NATIInsurance — Coverage — Theft of covered vehicle — Exclusions — Where policy provided that insurer would pay for loss due to theft of covered automobile, and policy also contained an excluded driver endorsement that provided that provisions of policy did not apply while auto was being driven by person named in schedule of excluded drivers or operators, insurer properly denied coverage for damage caused when excluded driver stole insured vehicle — Enforcement of insurance policy’s excluded driver endorsement did not require evidence that insured consented to the vehicle’s use by the excluded driver

17 Fla. L. Weekly Supp. 1005a

Online Reference: FLWSUPP 1710COLIInsurance — Automobile liability — Coverage — Indemnification — Action seeking declaration that insurer has duty to defend insured in suit brought by another carrier for injuries to its insured arising from operation of insured’s vehicle by her daughter — Where complaint brought by other insurance carrier alleges that insured is vicariously liable for injuries because she consented to daughter’s use of her vehicle, and daughter is named excluded driver under policy which also excludes coverage for any claim for damages against named insured that is vicariously liable for excluded driver, there is no coverage for insured under allegations of complaint — Argument that insurer has duty to defend insured against suit even when there is no possibility that insurer will be liable to indemnify insured is unfounded — Trial court properly entered summary judgment in favor of insurer

17 Fla. L. Weekly Supp. 780a

Online Reference: FLWSUPP 1709JAMEInsurance — Automobile — Affirmative defenses — Compromise and settlement — Affirmative defense asserting that there was compromise and settlement before commencement of action is dismissed where defense is contradicted by attachment showing that insurer did not pay policy limits demanded in presuit demand letter until 3 ½ months after suit was filed — Further, by time of insurer’s alleged acceptance, offer had expired by its own terms or by passage of reasonable time and had been revoked by plaintiffs’ filing of suit

17 Fla. L. Weekly Supp. 519b

Online Reference: FLWSUPP 1707LUNAInsurance — Automobile — Discovery — No error in compelling insurer to produce transcript of insured’s examination under oath concerning another accident where insurer’s property damage manager testified in deposition that he mistakenly relied on file for other accident when responding to civil remedy notice in instant case involving damage to rental car driven by insured

17 Fla. L. Weekly Supp. 657a

Online Reference: FLWSUPP 1708DONInsurance — Automobile — Discovery — Depositions — Where insurer improperly refused to coordinate and set depositions of employees involved in adjustment and denial of claim prior to hearing on insurer’s motion for summary judgment, motion to compel depositions is granted

17 Fla. L. Weekly Supp. 173b

Online Reference: FLWSUPP 1703HOWAInsurance — Attorney’s fees — Timeliness of motion — Motion for attorney’s fees filed prior to entry of final judgment was timely filed

17 Fla. L. Weekly Supp. 958a

Online Reference: FLWSUPP 1710BREVInsurance — Personal injury protection — Standing — Plaintiff, who filed lawsuit against insurer in his alleged representative capacity as “parent and guardian” of his injured daughter, had no right or standing to file lawsuit where daughter had reached age eighteen by the time the suit was filed — Trial court should have dismissed action without prejudice — Insurer did not waive issue of lack of standing by failing to plead it as an affirmative defense where issue was raised in motion for summary judgment — Although plaintiff may be personally liable for daughter’s covered medical bills, which she incurred as a minor child, this has no bearing on standing issue where father sued as daughter’s parent and guardian and was not joined in suit in his individual capacity — Attorney’s fees — Proposal for settlement — Because appellate court is directing trial court to dismiss action without prejudice, dismissal will not function as an adjudication on the merits, and insurer is not entitled to award of attorney’s fees pursuant to section 768.79

17 Fla. L. Weekly Supp. 1118b

Online Reference: FLWSUPP 1711BELIInsurance — Attorney’s fees — Proposal for settlement

17 Fla. L. Weekly Supp. 878a

Online Reference: FLWSUPP 1710GLASInsurance — Personal injury protection — Coverage — Medical expenses — Claim form — Provider failed to comply with requirements imposed by statute, and accordingly failed to furnish insurer with notice of covered loss, where it omitted professional license number from claim form — Deficiency may be asserted at any time, even after payment — Insurer did not waive defense of lack of notice by partially paying bill and by giving sworn testimony that there were no problems with HCFA form — Attorney’s fees — Proposal for settlement — Insurer entitled to award of appellate attorney’s fees pursuant to section 768.79 and rule 1.442, conditioned upon trial court determining that proposal for settlement was properly made and submitted and that insurer is otherwise entitled to these fees