Volume 21

21 Fla. L. Weekly Supp. 628a

Online Reference: FLWSUPP 2107PEREInsurance — Personal injury protection — Claim for penalty and interest for late payment of benefits — Error in allowing paralegal’s hearsay testimony that medical provider told her that he did not receive PIP check that insurer claims to have timely mailed was not harmless where testimony was material to case and likely influenced jury when deciding whether insurer mailed check, and there is reasonable probability that jury would have reached different conclusion if testimony had not been allowed — New trial required

21 Fla. L. Weekly Supp. 930a

Online Reference: FLWSUPP 2109TAYLInsurance — Homeowners — Water extraction contractor’s execution of waiver and release of lien releasing claim of lien against homeowners/insureds did not waive and release contractor’s claims against insurer

21 Fla. L. Weekly Supp. 174b

Online Reference: FLWSUPP 2102HILLInsurance — Homeowners — Standing — Assignment — Company that provided water removal services on homeowner’s property has standing to bring action against insurer for unpaid balance of claim based on post-loss assignment of benefits

21 Fla. L. Weekly Supp. 569a

Online Reference: FLWSUPP 2106ISOLInsurance — Venue — Medical provider has right to bring action against foreign insurer in county where insurer has agents — Insurer that has not established substantial inconvenience or undue expense has not met burden of demonstrating that transfer is appropriate under forum non conveniens statute

21 Fla. L. Weekly Supp. 581b

Online Reference: FLWSUPP 2106GOMEInsurance — Personal injury protection — Expert witnesses — Where insurer disclosed on day before pre-trial conference that it was substituting new expert for previously disclosed expert, and allowing substitution would result in unfair prejudice to medical provider that is incurable and would result in fourth continuance attributable to insurer, motion to strike new expert is granted

21 Fla. L. Weekly Supp. 303a

Online Reference: FLWSUPP 2104VALDInsurance — Personal injury protection — Exclusions — Provision excluding coverage for injury sustained by named insured or relative while occupying motor vehicle owned by named insured but not insured under policy is allowable under Florida law — Exclusion applied in instant case in which wife was injured while riding in car owned by her husband but not insured under wife’s policy where wife’s policy identified wife as “named insured,” but also provided that “named insured” included a spouse if a resident of the same household

21 Fla. L. Weekly Supp. 734a

Online Reference: FLWSUPP 2108SHUTInsurance — Garage policy — Illusory policy — Exclusion of coverage for theft of vehicles from unprotected lot did not render illusory a garage policy for used auto sales lot that insurer knew was an unprotected lot where the policy provided coverage for risks other than theft — No merit to argument that insurer engaged in inequitable conduct by adding exclusion to policy just one day before issuance of policy where the same exclusion appeared in initial quote from insurer

21 Fla. L. Weekly Supp. 41b

Online Reference: FLWSUPP 2101WILKInsurance — Trial — Witness tampering — Sanctions — No abuse of discretion in dismissing medical provider’s case with prejudice where provider, who served on state board that has power to revoke chiropractic licenses, threatened insurer’s medical expert with loss of his license

21 Fla. L. Weekly Supp. 626a

Online Reference: FLWSUPP 2107HHERInsurance — Personal injury protection — Discovery — Adjuster notes — Trial court erred in failing to provide in camera inspection to review adjuster’s notes generated prior to receipt of demand letter to determine applicability of work product privilege — In separate case, because of absence of transcript of hearing on motion to compel production of same adjuster’s notes before different a trial judge, trial court’s ruling requiring insurer to produce notes is affirmed

21 Fla. L. Weekly Supp. 119a

Online Reference: FLWSUPP 2102SOUTInsurance — Personal injury protection — Discovery — Work product — Adjuster’s notes — In PIP case in which breach of contract or coverage are still in issue and in which there is no bad faith claim, discovery of adjuster’s notes is prohibited by work product privilege