Volume 18

18 Fla. L. Weekly Supp. 478a

Online Reference: FLWSUPP 1805PHIL

Insurance — Venue — Motion to transfer venue granted

18 Fla. L. Weekly Supp. 477a

Online Reference: FLWSUPP 1805ARAN

Insurance — Venue — Motion to transfer venue is granted

18 Fla. L. Weekly Supp. 154a

Online Reference: FLWSUPP 1802DORA

Insurance — Venue — Appeals — Appellate court may and must address issue of its jurisdiction at any time — Non-final county court order concerning venue, without entry of final order ending county court’s judicial labors in case, is not appealable final order — Insurer may amend brief by filing supplemental pleading, which will be considered petition for writ of certiorari

18 Fla. L. Weekly Supp. 523a

Online Reference: FLWSUPP 1806NOEL

Insurance — Uninsured motorist — Remaining balance of medical bills submitted and paid in full under PIP statute cannot be recovered in action for UM benefits — Bill withheld from submission for PIP benefits when PIP benefits would have been available to satisfy bill may not subsequently, after time for submission of bills for PIP benefits has expired, be recovered in action for UM benefits

18 Fla. L. Weekly Supp. 42a

Online Reference: FLWSUPP 1801ANAY

Insurance — Equitable subrogation — Limitation of actions — Error to dismiss insurer’s claim for equitable subrogation based on statute of limitations where facts on face of complaint do not conclusively establish that action was time-barred

18 Fla. L. Weekly Supp. 102a

Online Reference: FLWSUPP 1801IRAM

Insurance — Small claims — Medical provider’s motion to invoke Rules of Civil Procedure is denied

18 Fla. L. Weekly Supp. 1154a

Online Reference: FLWSUPP 1811STRI

Insurance — Settlement agreement — Enforcement — Motion to enforce settlement allegedly created by plaintiff’s acceptance of insurer’s offer after insurer rejected counteroffer is denied — Plaintiff’s demand for $475,000 was counteroffer that terminated his power to later accept insurer’s $450,000 offer — Fact that insurer’s adjuster was under impression that $450,000 offer was still on table did not prevent counteroffer from terminating initial offer where adjuster did not communicate that impression to plaintiff after plaintiff’s demand for $475,000

18 Fla. L. Weekly Supp. 1192c

Online Reference: FLWSUPP 1811SIED

Insurance — Proposal for settlement — Extension of time for response

18 Fla. L. Weekly Supp. 989a

Online Reference: FLWSUPP 1810HECH

Insurance — Contracts — Action arising out of a public adjusters contract and appraisal agreement which charged defendants 9% and 4% respectively for amounts recovered from insurance company as a result of defendants’ filing of a supplemental claim to recover for hurricane damage to defendants’ property — Plaintiff was not entitled to collect percentage of both the prior and subsequent recoveries where contract terms clearly stated that the fee was a percentage of the subsequent recovery, plaintiff played no part in the initial recovery, any agreement for that portion would be without consideration and to find otherwise would be contrary to public policy — Settlement — Adjusters — The 13% plaintiff charged was in contravention of rule 69B-220.201, Florida Administrative Code, which states that no public adjuster shall charge, agree to, or accept as compensation any payment equal to more than 10% of any amount of any insurance settlement or claim payment — Argument that appraisal agreement is a separate contract for distinct services and should not be viewed as part of the recovery for the public adjusting services, thereby dropping the amount charged for adjustment services below the 10% limit, is rejected where appraisal agreement was signed on the same day, makes reference to the public adjuster contract, and would be impossible to interpret in isolation

18 Fla. L. Weekly Supp. 808a

Online Reference: FLWSUPP 1809ANDE

Insurance — Property — Sinkhole damage — Neutral evaluation — Constitutionality — Statute permitting neutral evaluator to give opinion that is admissible in court without formal evidentiary rules or procedures, particularly with no right to cross-examination, violates property owners’ due process rights — Motion for neutral evaluation and stay pending evaluation is denied