Volume 19

19 Fla. L. Weekly Supp. 725a

Online Reference: FLWSUPP 1909STRIInsurance — Property — Limitation of actions — 2011 statutory amendment changing event for commencement of limitations period for claims for breach of property insurance contracts from date of breach by insurer to date of casualty loss does not apply retroactively to claim that arose in 2011 when insurer denied any further liability for damages that resulted from 2006 incident

19 Fla. L. Weekly Supp. 695a

Online Reference: FLWSUPP 1909ZUNIInsurance — Property — Appraisal — Error to require assignee of insured to participate in appraisal where insurer failed to give assignee notice of its right to participate in mediation — Insurer bears burden of proving notice was given; insured does not bear burden to show lack of notice

19 Fla. L. Weekly Supp. 892a

Online Reference: FLWSUPP 1910CRUMInsurance — Personal injury protection — Reimbursement by insurer of commercial vehicle — Sedan used primarily, if not exclusively, in for-hire business that transports persons is commercial motor vehicle, not private passenger motor vehicle

19 Fla. L. Weekly Supp. 408d

Online Reference: FLWSUPP 1905CRUMInsurance — Personal injury protection — Reimbursement by insurer of commercial vehicle — Sedan purchased for sole purpose of transporting persons and use in for-hire business is commercial motor vehicle, not private passenger motor vehicle

19 Fla. L. Weekly Supp. 750a

Online Reference: FLWSUPP 1909STATInsurance — Personal injury protection — Reimbursement by owner of commercial vehicle — Patrol car sedan used primarily, if not exclusively, for police business is commercial motor vehicle, not private passenger vehicle

19 Fla. L. Weekly Supp. 1101a

Online Reference: FLWSUPP 1913IRODInsurance — Personal injury protection — Notice of loss — Where affidavit of passenger injured in insured’s vehicle indicated that passenger is owner of a motor vehicle and therefore would not be entitled to coverage under insured’s PIP policy, and passenger did not withdraw affidavit until after suit was filed, PIP insurer did not receive notice of covered loss and 30-day period for payment of benefits did not begin to run until after suit was filed — Suit is dismissed as premature

19 Fla. L. Weekly Supp. 308a

Online Reference: FLWSUPP 1905FRANInsurance — Personal injury protection — Jurisdiction — Medical provider’s filing of appeal of final judgment constituted abandonment of provider’s post-trial motion for new trial and divested trial court of jurisdiction to consider motion

19 Fla. L. Weekly Supp. 758a

Online Reference: FLWSUPP 1910KABAInsurance — Personal injury protection — Independent medical examination — Failure to attend — Law does not require PIP insured to provide reason for cancelling IME in advance of scheduled exam, and failure to provide reason does not constitute unreasonable refusal to attend IME — To prevail on affirmative defense of unreasonable refusal to attend IME, insurer must prove both that insured refused to attend IME and that refusal was unreasonable — On remand insured may renew motion for summary judgment on ground that IME notices sent by vending company engaged by managing agent of insurer do not meet statutory requirement that IME notices be sent by insurer where record is unclear as to whether managing agent met definition of insurer at time it requested IME — Unreasonable refusal to attend IME relieves insurer of liability not only for treatment provided after cutoff, but also for services rendered but not billed prior to cutoff

19 Fla. L. Weekly Supp. 969b

Online Reference: FLWSUPP 1912FIGUInsurance — Personal injury protection — Independent medical examination — Failure to attend — Where record contains evidence indicating disputed issue of material fact as to reasonableness of insured’s failure to attend IMEs, order granting summary judgment in favor of insurer is reversed

19 Fla. L. Weekly Supp. 582a

Online Reference: FLWSUPP 1907GUMBInsurance — Personal injury protection — Independent medical examination — Failure to attend — Where insurer knew that insured was represented by counsel but failed to provide counsel with notice of IME or respond to counsel’s request to reschedule IME, insured’s failure to attend IME was not unreasonable