Volume 2

2 Fla. L. Weekly Supp. 65b

Insurance — Subrogation — In order to obtain subrogation judgment for deductible, subrogee must demonstrate that deductible payment was actually made

2 Fla. L. Weekly Supp. 239a

Insurance — Personal injury protection — Insured failed to rebut claim that insurer was prejudiced by three-year delay in filing claim because insurer was unable to obtain employment records which would either confirm or refute insured’s claim that he was not working at delivering pizzas at time he applied for insurance and enable insurer to verify insured’s earnings at time of accident — Judgment denying PIP benefits affirmed

2 Fla. L. Weekly Supp. 194d

Insurance — Personal injury protection — Insured who had alighted from vehicle and proceeded to front door of home and who admittedly had no physical contact with vehicle which caused her to fall and injure herself not entitled to PIP coverage

2 Fla. L. Weekly Supp. 508b

Appeals — Court does not have jurisdiction to hear interlocutory appeal from order denying mediation of a PIP claim

2 Fla. L. Weekly Supp. 26a

Criminal law — Statute proscribing false and fraudulent insurance claims applies to first-party insureds, not to third parties — Personal injury attorney who submitted demand letter on behalf of injured client and intentionally excluded medical reports or, alternatively, attached fraudulent medical reports did not violate statute — Construing statute to incorporate third parties would render statute unconstitutionally vague for failure to notify those subject to its penalties — Counts alleging false and fraudulent insurance claims and counts relying on predicate acts which involve third party claims dismissed

2 Fla. L. Weekly Supp. 122a

Criminal law — False and fraudulent insurance claims — Incomplete personal injury protection claims — No conflict exists between disclosure requirements of fraud statute and insurance statute pertaining to PIP claims — Statute prohibiting false and fraudulent insurance claims does not provide sufficient notice to attorneys that omission of unfavorable medical report from demand package presented to client’s insurer violates statute — Statute is unconstitutionally vague only in fraudulent omission provisions as applied to attorneys engaged in representation of their clients

2 Fla. L. Weekly Supp. 148a

Insurance — Uninsured motorist coverage not available to named insured who is injured in a vehicle which is owned by spouse with no UM coverage and in which insured has no ownership interest

2 Fla. L. Weekly Supp. 306a

Insurance — Homeowners — Exclusions — Loss caused by rain unless wind first damages roof or walls and then forces rain through the damaged roof or wall — Insurer could not apply exclusion to deny coverage for water damage to insured’s property resulting from second rainstorm which occurred while damage to roof sustained during first storm was being repaired

2 Fla. L. Weekly Supp. 265b

Insurance — Personal injury protection — Leased vehicles — Responsibility for primary coverage not shifted from lessor’s insurer where lessee was not covered by any other insurance — Lessee was not covered by policy of boyfriend’s mother for injuries sustained while driving vehicle not owned by mother — Doctrine of promissory estoppel does not shift responsibility for coverage to mother’s insurer — Record did not clearly establish that mother intended policy to provide same coverage to girlfriend as it did to relatives — Agents of insurer not required to anticipate situations wherein coverage actually issued would not suffice — In view of fact that mother is not being asked to assume any responsibility for injuries to girlfriend and fact that girlfriend was not without recourse, record established that neither girlfriend nor mother relied to their detriment on any representations made by insurer’s agents

2 Fla. L. Weekly Supp. 282a

Insurance — Cancellation of policy — Insurer who cancels insurance contract upon receipt of request for cancellation by premium finance company must prove that premium finance company complied with notice provisions of statute in order to avoid liability under contract