Volume 20

20 Fla. L. Weekly Supp. 390a

Online Reference: FLWSUPP 2004GARQInsurance — Costs — Appellate — Rule requires immediate taxation of appellate court costs, including execution thereon, following appellate court’s remand for further proceedings unless appellate court orders otherwise — County court in instant case erred in not making judgment for appellate costs subject to immediate execution — Appellant entitled to costs incurred in filing instant motion seeking review of county court’s order

20 Fla. L. Weekly Supp. 291a

Online Reference: FLWSUPP 2003ALEMInsurance — Civil procedure — Answer — Failure to serve — Sanctions — Motion for default or sanctions against insurer that served answer to complaint only after provider moved for entry of default, despite being notified by medical provider that answer was overdue and being provided with additional time for compliance — Insurer’s dilatory conduct of failing to serve answer or seek extension of time to serve answer rises to level of bad faith and warrants imposition of sanctions — Motion for default is moot since answer was served prior to entry of default

20 Fla. L. Weekly Supp. 924b

Online Reference: FLWSUPP 2009BJORInsurance — Complaint — Amendment — Motion to amend complaint to add count for violation of Unfair Insurance Trade Practices Act is granted

20 Fla. L. Weekly Supp. 892a

Online Reference: FLWSUPP 2009RAMOInsurance — Personal injury protection — Coverage — Despite fact that insured no longer owned vehicle insured under his PIP policy on date of accident in which he was injured while driving vehicle belonging to girlfriend’s father, insured’s policy provided PIP coverage where transfer of ownership of vehicle did not automatically render entire PIP policy unenforceable under terms of policy, and insurer did not exercise discretion to cancel policy upon learning of vehicle sale

20 Fla. L. Weekly Supp. 810a

Online Reference: FLWSUPP 2008LEIVInsurance — Personal injury protection — Motion for rehearing of order denying motion to amend statement of claim to add counts for declaratory relief and breach of implied covenant of good faith and fair dealing is denied — Allegations that insurer refused to pay PIP benefits despite medical provider’s compliance with PIP statute are foundation for breach of contract action and do not demonstrate bona fide, actual and present need for declaration — Claim for breach of implied covenant of good faith and fair dealing is not permissible in action for PIP benefits

20 Fla. L. Weekly Supp. 662a

Online Reference: FLWSUPP 2007ROSEInsurance — Homeowners — Bad faith — Citizen’s Property Insurance Corporation has statutory immunity from bad faith claims — Florida law does not recognize claim for breach of covenant of good faith and fair dealing in insurance context — Motion to amend complaint denied

20 Fla. L. Weekly Supp. 977a

Online Reference: FLWSUPP 2010THOMTorts — Automobile accident — Subrogation action by insurer against driver who negligently caused accident that resulted in total loss of insured’s vehicle — Evidence — Hearsay — Exceptions — Business records — Auto repair shop owner’s testimony as to what it would have cost to repair vehicle is hearsay where shop owner based testimony on estimating program, and testimony was not sufficient to lay predicate for admission of program as business record — Further, repair estimate would be insufficient to establish recoverable damages in absence of proof that repair cost did not exceed fair market value of vehicle — Where insurer’s appraisal of value of vehicle is based on report of valuation program using data from sales of comparable vehicles, but insurer’s witness had no knowledge of how sales information was recorded or how valuation program worked, insurer failed to lay predicate for admission of valuation report under business records exception to hearsay rule — Where insurer did not offer competent substantial evidence of fair market value of vehicle on date of accident, insurer’s recovery is limited to rental car expenses, medical benefits and litigation costs

20 Fla. L. Weekly Supp. 932b

Online Reference: FLWSUPP 2009ARIOInsurance — Automobile — Declaratory action — Amended petition for declaratory relief which alleges that there is dispute over coverage for automobile accident that occurred after cancellation of plaintiff’s policy but does not contest sufficiency of notice of cancellation or allege that plaintiff fulfilled statutory obligation to file appeal with Department of Financial Services fails to demonstrate bone fide, actual, present need for declaration — Motion to dismiss granted

20 Fla. L. Weekly Supp. 769c

Online Reference: FLWSUPP 2008DRODInsurance — Personal injury protection — Attorney’s fees — Withdrawing attorney — Law firm is entitled to pre-conflict attorney’s fees after voluntarily withdrawing from representation of medical providers where firm withdrew to avoid future ethical violation after hiring attorney who had previously done legal work for insurer

20 Fla. L. Weekly Supp. 433a

Online Reference: FLWSUPP 2004HARPInsurance — Personal injury protection — Attorney’s fees — Prevailing insured — Thirty-day period for filing motion for attorney’s fees was not triggered by insurer’s confession of judgment — Motion to strike plaintiff’s motion for attorney’s fees and costs is denied