Volume 21

21 Fla. L. Weekly Supp. 705a

Online Reference: FLWSUPP 2107HUNDInsurance — Venue — Motion to transfer venue that is not sworn and is not accompanied by supporting affidavit is denied without prejudice

21 Fla. L. Weekly Supp. 66a

Online Reference: FLWSUPP 2101GOLDInsurance — Stacking — Uninsured/underinsured motorist — Where insureds’ policy clearly and unambiguously excludes stacking of uninsured/underinsured motorist coverage, and statute provides that limitations accepted by insureds will continue unless insureds request deletion of limitation and pay appropriate premium for additional coverage. insurer was not obligated to provide stacking coverage at non-stacking rate when insureds notified insurer that they wanted to revoke written election against stacked coverage and insurer failed to provide premium statement showing increased charge for increased coverage

21 Fla. L. Weekly Supp. 700b

Online Reference: FLWSUPP 2107VIELInsurance — Proposal for settlement — Extension of time within which to respond

21 Fla. L. Weekly Supp. 571a

Online Reference: FLWSUPP 2106MORAInsurance — Property — Appraisal — Insurer’s motion to abate litigation and compel appraisal is denied as to invoiced items that were entirely omitted from comparative estimate and is granted as to invoiced items for which comparative estimate assigned price different from price charged by plaintiff

21 Fla. L. Weekly Supp. 440a

Online Reference: FLWSUPP 2105COASInsurance — Venue — Domestic insurance company’s motion to transfer venue from Broward County to Miami-Dade County is granted where incident occurred, treatment was rendered and fact witnesses reside in Miami-Dade County and insurer does not maintain office for transaction of customary business in Broward County

21 Fla. L. Weekly Supp. 576b

Online Reference: FLWSUPP 2106ASCEInsurance — Personal injury protection — Reimbursement by insurer of commercial vehicle — Where insured of PIP carrier was injured while operating taxicab which was insured under commercial liability policy, PIP carrier is entitled to reimbursement of PIP benefits paid pursuant to section 627.7405, which allows for reimbursement of PIP carriers of private passenger vehicles by insurer of commercial vehicles involved in accident — Taxicab is commercial motor vehicle — By terms of PIP statute, right of reimbursement remains applicable notwithstanding section 627.733(1)(b), which excludes taxicabs from security requirements of No-Fault Law

21 Fla. L. Weekly Supp. 576a

Online Reference: FLWSUPP 2106CITYInsurance — Personal injury protection — Reimbursement by insurer of commercial vehicle — Sedan-style police cruiser owned and operated by city qualifies as commercial vehicle under statute — Literal application of definition of private passenger motor vehicle in PIP statute would result in absurd result of excluding police cruiser from definition of commercial vehicle

21 Fla. L. Weekly Supp. 617a

Online Reference: FLWSUPP 2107LINCInsurance — Personal injury protection — Reimbursement by insurer of commercial vehicle — Sedan is private passenger motor vehicle within meaning of PIP statute, notwithstanding that it was used for taxi service

21 Fla. L. Weekly Supp. 94a

Online Reference: FLWSUPP 2101PALMInsurance — Personal injury protection — Reimbursement by insurer of commercial vehicle — PIP insurer is entitled to reimbursement of all no-fault benefits paid to its insured for injuries sustained in public school bus irrespective of fact that bus was not required to be insured under no-fault law

21 Fla. L. Weekly Supp. 307a

Online Reference: FLWSUPP 2104DESDInsurance — Personal injury protection — Jurors — Challenge — No abuse of discretion in denying challenge for cause exercised against juror on basis of her background as physical therapist — Abuse of discretion to deny peremptory challenges against jurors where insurer asserted jurors may not be fair and impartial, and medical provider did not assert that challenges were being used in racially discriminatory manner — New trial required