Volume 22

22 Fla. L. Weekly Supp. 1071b

Online Reference: FLWSUPP 2209MOCHInsurance — Complaint — Amendment — Motion to amend complaint to name entirely new party is denied

22 Fla. L. Weekly Supp. 1062c

Online Reference: FLWSUPP 2209LUCEInsurance — Complaint — Amendment — Leave to amend complaint to correct misnomer in characterization of plaintiff is granted where amendment does not seek to add new party or cause of action

22 Fla. L. Weekly Supp. 1062a

Online Reference: FLWSUPP 2209SAMSInsurance — Complaint — Amendment — Leave to amend complaint to correct misnomer in characterization of plaintiff is granted where amendment does not seek to add new party or cause of action

22 Fla. L. Weekly Supp. 1061b

Online Reference: FLWSUPP 2209WILLInsurance — Complaint — Amendment — Leave to amend complaint to correct misnomer in characterization of plaintiff is granted where amendment does not seek to add new party or cause of action

22 Fla. L. Weekly Supp. 813a

Online Reference: FLWSUPP 2207CENTInsurance — Commercial general liability insurer of subcontractor responsible for window installation on construction project owed duty to defend general contractor against action for property damage caused by defects in window installation where general contractor is additional insured under policy — Insurer who did not agree to defend general contractor is jointly and severally liable for all attorney’s fees and costs incurred by contractor, including pre-tender fees

22 Fla. L. Weekly Supp. 814a

Online Reference: FLWSUPP 2207ADDEInsurance — Personal injury protection — Class actions — Injunctions — Injunctive relief is not available to redress withholding of PIP benefits — Class action for PIP benefits is inappropriate due to pre-suit demand letter requirement — Plaintiff may pursue action for PIP benefits individually after satisfaction of demand letter requirement

22 Fla. L. Weekly Supp. 816a

Online Reference: FLWSUPP 2207PROGInsurance — Personal injury protection — Deductible — Class action alleging insurer improperly applied deductible to bills of proposed class of medical providers — Necessary and individualized determinations of reasonableness of bills of each medical provider in proposed class and each provider’s compliance with pre-suit demand letter requirement renders action inappropriate for class action treatment — Motion to dismiss is granted as to class allegations but denied as to individual claims

22 Fla. L. Weekly Supp. 1052a

Online Reference: FLWSUPP 2209FENNInsurance — Bad faith — Dismissal — Bad faith claim must be brought in separate action

22 Fla. L. Weekly Supp. 1082b

Online Reference: FLWSUPP 2209VEGAInsurance — Automobile — Windshield repair — Timeliness of payment — Amended complaint in windshield repair service’s action against insurer fails to plead allegations that would create material breach of insurance contract based on timeliness of payment where undisputed facts establish that there is no “time is of the essence” clause in contract, and plaintiff did not make sufficient demand for payment

22 Fla. L. Weekly Supp. 825b

Online Reference: FLWSUPP 2207LUSNInsurance — Automobile — Action for balance of claim for windshield replacement paid at reduced rate — Count alleging breach of contract by failing to pay claim within reasonable time is dismissed with prejudice — Plaintiff has not alleged any policy term or statutory provision governing timeliness of payment for windshield loss claims — Count alleging breach of contract by failing to pay appropriate and adequate amount on claim is dismissed without prejudice where plaintiff has failed to allege policy terms breached — Plaintiff is not required to allege specific amount due and need only allege general damages unless he has items of special damages — Count seeking declaratory judgment as to propriety of insurer’s competitive bid process is dismissed without prejudice, as plaintiff has failed to allege necessary elements of declaratory action