Volume 20

20 Fla. L. Weekly Supp. 889a

Online Reference: FLWSUPP 2009KJEAInsurance — Personal injury protection — Admissions — No abuse of discretion in denying insurer’s motion for relief from admissions where affidavit contradicting admissions was not filed until after motion for relief from admissions was denied, and medical provider argued that it would have suffered unfair prejudice from withdrawal of technical admissions — Trial court did not err in striking affidavit offered solely to defeat provider’s motion for summary judgment where affidavit contradicted insurer’s technical admissions — Final summary judgment in favor of provider is affirmed

20 Fla. L. Weekly Supp. 1201a

Online Reference: FLWSUPP 2012MANNInsurance — Long-term care — Where clear and unambiguous language of policies provides that controlling law is that of state where insureds reside on effective date, and it is undisputed that insureds who have since relocated to Florida resided in Connecticut on effective date, Connecticut premium rate rather than rate set by Florida Department of Insurance controls — Connecticut law is also controlling under rule of lex loci contractus — If Florida law did control, action would be time-barred under statute providing that each long-term care policy shall be incontestable after it has been in force for two years — Complaint dismissed

20 Fla. L. Weekly Supp. 425a

Online Reference: FLWSUPP 2004TARRInsurance — Personal injury protection — Jurisdiction — Nonresidents — Substantial activity within state — There is no basis for Florida court to exercise personal jurisdiction over insurer that is foreign corporation which does not operate, conduct or engage in business within state and which issued policy to nonresident insured who was involved in accident in Florida

20 Fla. L. Weekly Supp. 681b

Online Reference: FLWSUPP 2007GRAHInsurance — Homeowners — Payment for water mitigation services was not invalid for being issued in name of plaintiff repair service, insured homeowner, and mortgagee where additional payees were required to be listed on draft by terms of policy

20 Fla. L. Weekly Supp. 564b

Online Reference: FLWSUPP 2006JAMEInsurance — Homeowners — Sinkhole damage — Where homeowner made claim for sinkhole damage, insurer’s engineer recommended remedial stabilization measures, homeowner retained own engineer who opined that stabilization measures recommended by insurer’s engineer were insufficient, and homeowner entered into repair contract based on own engineer’s report, insurer was not obligated by statute or policy to pay benefits for repairs — Both statute and policy require homeowner to contract for repairs recommended by insurer’s engineer and, if it is determined after repair has begun that additional repairs are required to stabilize land, insurer must either make additional repairs or tender policy limits without reduction for repair expenses already incurred

20 Fla. L. Weekly Supp. 1166a

Online Reference: FLWSUPP 2012WINDTorts — Fraud — Contracts — Insurance — Personal injury protection — Action by PIP insurer for common law and statutory fraud, breach of contract, unjust enrichment and civil conspiracy against medical center and its owner for alleged business practice of waiving or not collecting deductibles and co-payments from insureds — Jurisdiction — Motion to dismiss for failure to meet jurisdictional threshold is denied where insurer that is not merely seeking restitution of PIP benefits paid but also seeking damages due to fraud alleges in good faith that amount involved in suit exceeds $15,000 — Motion to dismiss fraud claims against owner of medical center on ground that complaint fails to plead sufficient facts to pierce corporate veil is denied where no piercing of veil is required since owner is being sued for his own alleged tortious acts, for which he may be liable even if they were committed within scope of his employment or office — Motion to dismiss civil conspiracy claims against owner is granted where owner’s alleged personal stake in achieving object of conspiracy is purely derivative of that of medical center — Breach of contract claims are also dismissed as to owner who is not alleged to be party to any contract claimed to be breached — Claim for declaratory relief seeking declaration that court agrees with insurer’s factual and legal contentions is denied

20 Fla. L. Weekly Supp. 445a

Online Reference: FLWSUPP 2004PACHInsurance — Personal injury protection — Coverage — Medical expenses — Dismissal — Provider’s action against insurer dismissed where plaintiff willfully and deliberately failed to comply with court order requiring plaintiff to file bills at issue within 15-days of date of order and still had not filed bills as of date of hearing on motion to dismiss

20 Fla. L. Weekly Supp. 1241a

Online Reference: FLWSUPP 2012JEANInsurance — Personal injury protection — Dismissal — Failure to prosecute — Filing of designation of electronic mail addresses is sufficient record activity to preclude dismissal for lack of prosecution — Filing of medical provider’s notice for trial precludes dismissal for lack of prosecution

20 Fla. L. Weekly Supp. 1176a

Online Reference: FLWSUPP 2012UDELInsurance — Discovery — Work product privilege — Where claims file documents sought by plaintiffs were generated as part of insurer’s adjustment of plaintiffs’ claim and were not prepared in anticipation of litigation, documents are subject to production — No merit to argument that materials are privileged simply because they reside in claims file — Motion to compel is granted

20 Fla. L. Weekly Supp. 1146a

Online Reference: FLWSUPP 2012FORTInsurance — Discovery — Documents — Work product privilege — Trial court departed from essential requirements of law by ordering production of insurer’s claims file without first reviewing privilege log, individually analyzing work product objections and conducting in camera inspection