Volume 2

2 Fla. L. Weekly Supp. 508a

Insurance — Subrogation — Torts — Product liability — Trial court properly dismissed insurer’s action against manufacturer of boat engine’s replacement shifting lever in which insurer claimed damages to boat itself, but did not claim damages to other property or for personal injury — Party cannot prevail in case where failure of individual component damages only the overall product of which the defective product was a part

2 Fla. L. Weekly Supp. 7b

Insurance — Automobile — Cancellation of policy — Notice of cancellation sent to insured by premium finance company after insured failed to make premium payment on time was in full compliance with statute — Policy was properly canceled by premium finance company when insured failed to pay premium by cancellation date — Insurer did not have separate obligation to provide notice of cancellation to insured

2 Fla. L. Weekly Supp. 510a

Attorney’s fees — Insurance — Unauthorized Insurers Process Law — Statute precludes award of attorney’s fees against surplus lines insurer

2 Fla. L. Weekly Supp. 10b

Insurance — Attorney’s fees — Insurer cannot avoid payment of attorney’s fees to insured by entering into settlement agreement and voluntarily dismissing suit brought by it against its insured for breach of insurance contract — Insureds entitled to award of costs

2 Fla. L. Weekly Supp. 2a

Contracts — Insurance — State employee was not required to exhaust administrative remedies before filing breach of contract action to contest denial of health insurance claims — Although state must offer administrative review as option to employees, nothing in regulatory or statutory framework indicates that employees are limited to such review — Attorney’s fees — As governmental unit providing plan of self-insurance, employing agency qualified as “insurer” under section 627.752, and attorney’s fees were available to plaintiff at trial and on appeal pursuant to statute specifically addressing attorney’s fees in cases involving group health insurance policies — No abuse of discretion in awarding attorney’s fees incurred by insured in connection with two interlocutory appeals which trial court found to be frivolous — Competent substantial evidence supported trial court’s determination that contingency fee multiplier was necessary to compute reasonable fee

2 Fla. L. Weekly Supp. 197a

Attorney’s fees — Insurance

2 Fla. L. Weekly Supp. 20b

Insurance — Denial of coverage — Insureds failed to substantially comply with policy provisions when they failed and refused to appear to give insurer sworn statements and to produce requested documentation relating to ownership of personal property for which loss was claimed — Insurer’s motion for summary judgment granted

2 Fla. L. Weekly Supp. 578c

Insurance — Automobile — Exclusions — Business use — Accident which occurred while insured was commuting to work not within scope of business use exclusion — Application — Misrepresentations — Insurer not responsible for reimbursing insured for loss where insured misrepresented on policy application that vehicle was to be used only for pleasure but indicated on accident claim form that she used vehicle for work all day

2 Fla. L. Weekly Supp. 362b

Insurance — Automobile — Application — Trial court properly entered summary judgment in favor of insured based upon its finding as matter of law that application form contained ambiguous language