Volume 20

20 Fla. L. Weekly Supp. 936a

Online Reference: FLWSUPP 2009STRAInsurance — Venue — Motion to transfer venue that is not sworn and is not accompanied by supporting affidavit is denied without prejudice

20 Fla. L. Weekly Supp. 660a

Online Reference: FLWSUPP 2007GEICInsurance — Uninsured motorist — Wife is bound by husband’s election of non-stacked UM coverage when he purchased insurance coverage where it was established wife authorized husband to procure insurance on her behalf

20 Fla. L. Weekly Supp. 1054b

Online Reference: FLWSUPP 2011MANLInsurance — Property — Standing — Action by contractor assigned prospective insurance recovery of undetermined amount is dismissed

20 Fla. L. Weekly Supp. 499a

Online Reference: FLWSUPP 2005REEVInsurance — Amendment of statement of claim — Substitution of defendant — On reconsideration, court concludes that it properly denied plaintiff’s motion to amend statement of claim to substitute an entirely new party to the lawsuit in place of the defendant against whom the action had been pending — Denial is without prejudice to plaintiff’s filing an amended motion to amend statement of claim, if appropriate and not barred by the statute of limitations or other affirmative defense, seeking to add defendant as a party defendant pursuant to Rule 1.250(c)

20 Fla. L. Weekly Supp. 446c

Online Reference: FLWSUPP 2004KERSInsurance — Proposal for settlement — Extension of time within which to respond

20 Fla. L. Weekly Supp. 1000a

Online Reference: FLWSUPP 2010FERRInsurance — Property — Standing — Assignment of claim for post-loss recovery is permitted under law

20 Fla. L. Weekly Supp. 429a

Online Reference: FLWSUPP 2004MONGInsurance — Property — Plaintiff-contractor which had an assignment of rights from insured for work performed by contractor was not acting as a public adjuster — Insurer’s emergency motion to abate action based on a consent order from state agency preventing plaintiffs from acting as a public adjuster is denied

20 Fla. L. Weekly Supp. 54a

Online Reference: FLWSUPP 2001HISCInsurance — Professional indemnity — Declaratory judgment — Comity — First-filed rule — Insurers move to dismiss count of Florida action seeking declaration regarding coverage for punitive damages, brought by plaintiff that was awarded compensatory and punitive damages against an insured auditing firm in a Florida court, based on a prior summary judgment entered in the insurers’ New York declaratory judgment action against the insured, which concluded that New York law governed pursuant to the parties’ stipulation and that punitive damages were not covered by policies under New York law — First-filed rule is not applicable where neither parties nor issues in actions are sufficiently similar to justify imposition of rule — Parties are not sufficiently similar where plaintiff to whom damages were owed was not party to New York case, and insured acted against own interests to detriment of plaintiff’s rights in that case by agreeing that New York law, which recognizes no exception to general rule that punitive damages, are not insurable would control — Issues are not sufficiently similar where choice of law may be different in each action — Further, due process concerns raised by parties’ conduct in New York proceeding are special circumstances that warrant departure from first-filed rule — Due process concerns also preclude giving res judicata effect to New York judgment

20 Fla. L. Weekly Supp. 730a

Online Reference: FLWSUPP 2007COLOInsurance — Personal injury protection — Exhaustion of benefits — Affidavit filed by insurer in support of motion for summary judgment on affirmative defense of exhaustion of benefits was shown by clear and convincing evidence to be materially false — Plaintiff’s motion to strike defendant’s pleadings for fraud on court is granted — Final judgment to be entered in plaintiff’s favor

20 Fla. L. Weekly Supp. 668a

Online Reference: FLWSUPP 2007STATInsurance — Personal injury protection — Reimbursement by insurer of commercial vehicle — Sedan leased under commercial lease and used as commercial vehicle is commercial vehicle under PIP statute