Volume 19

19 Fla. L. Weekly Supp. 1055a

Online Reference: FLWSUPP 1913SMASInsurance — Personal injury protection — Declaratory judgment — Conditions precedent — Demand letter was not required where action sought declaration regarding PIP coverage, not money damages for PIP benefits

19 Fla. L. Weekly Supp. 749a

Online Reference: FLWSUPP 1909ARTIInsurance — Personal injury protection — Declaratory judgment — Case or controversy — Medical provider may seek declaratory relief as to amount of benefits recoverable irrespective of exhaustion of benefits — Coverage — Provider has right to receive benefits under reimbursement rate set by Medicare Part B fee schedule without application of Outpatient Prospective Payment System or any other methodology not authorized by PIP statute

19 Fla. L. Weekly Supp. 217a

Online Reference: FLWSUPP 1903CABRInsurance — Personal injury protection — Standing — Assignment — Insured who assigned all benefits under policy to medical provider did not have standing to bring declaratory judgment action seeking declaration of coverage under policy

19 Fla. L. Weekly Supp. 218b

Online Reference: FLWSUPP 1903SILVInsurance — Complaint — Motion to amend complaint to correct typographical error is granted and motion for summary judgment based solely on that error is denied

19 Fla. L. Weekly Supp. 1069b

Online Reference: FLWSUPP 1913GOODInsurance — Personal injury protection — Class action — Motion for leave to belatedly opt out of class action — Where insurers defending class action sent notice of class action to medical providers who were litigating against insurers in county court, but did not give notice of class action to attorneys representing providers in county court actions until after judgment had been entered in class action, prevailing equities are with providers — Motion to opt out is granted

19 Fla. L. Weekly Supp. 357c

Online Reference: FLWSUPP 1905PACAInsurance — Homeowners — Sinkhole damage — Bad faith failure to settle claim — Insurer is entitled to summary judgment on homeowners’ bad faith action where, after homeowners filed civil remedy notice based on insurer’s denial of claim for sinkhole damage, insurer withdrew denial, demanded appraisal and paid appraisal award

19 Fla. L. Weekly Supp. 262a

Online Reference: FLWSUPP 1904HUNTInsurance — Bad faith failure to settle claim — Summary judgment is entered for insurer on bad faith claim where plaintiff did not obtain judgment against insurer for breach of contract — Further, plaintiff’s civil remedy notice is invalid due to lack of definitive cure amount

19 Fla. L. Weekly Supp. 938a

Online Reference: FLWSUPP 1911URSUInsurance — Homeowners — Bad faith failure to settle

19 Fla. L. Weekly Supp. 17a

Online Reference: FLWSUPP 1901SNICInsurance — Automobile — Action by glass shop against insurer of limousine service for cost of windshield replacement — Where record shows that owner of damaged vehicle was not employee or agent of insured limousine service, vehicle owner did not have authority to assign benefits to glass shop, and shop did not have standing to bring suit against insurer — Final judgment in favor of insurer is affirmed

19 Fla. L. Weekly Supp. 667a

Online Reference: FLWSUPP 1908CHERInsurance — Automobile — Affirmative defenses — Reservation of defenses — Provision of claims administration statute requiring insurer to make written reservation of defenses does not apply to first party property damage claim against insurer