Volume 22

22 Fla. L. Weekly Supp. 854a

Online Reference: FLWSUPP 2207GARCInsurance — Automobile — Claim that defendant is not insurer for plaintiff’s assignee is not grounds for motion to dismiss and should be raised, instead, as affirmative defense

22 Fla. L. Weekly Supp. 792a

Online Reference: FLWSUPP 2207BROWInsurance — Automobile — Discovery — Trade secret privilege — Trial court departed from essential requirements of law in compelling disclosure of competitive pricing survey relied upon by insurer in making estimate of cost of automobile repair work without determining whether survey constituted trade secret and, if so, whether there was reasonable necessity for production

22 Fla. L. Weekly Supp. 961b

Online Reference: FLWSUPP 2208THOMInsurance — Attorney’s fees — Sanction for failure to notify medical provider of pre-suit exhaustion of benefits and assert exhaustion as affirmative defense

22 Fla. L. Weekly Supp. 269c

Online Reference: FLWSUPP 2202VAZQInsurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Nominal proposal — Good faith — Where there is nothing in record to indicate that policy limits had been exhausted at time insurer served nominal proposal for settlement or that insurer otherwise had little or no exposure in case at that time, proposal was not made in good faith — Insurer’s motion for attorney’s fees and costs is denied

22 Fla. L. Weekly Supp. 311a

Online Reference: FLWSUPP 2203KEGOInsurance — Coverage — Relatedness of injury — No error to deny motion for directed verdict on issue of relatedness of claimant’s injuries to automobile accident where jury could have concluded that, because no documentation indicated that claimant’s right shoulder and arm impacted vehicle, pain on claimant’s right side was not related to accident — Attorney’s fees — Settlement proposal that indicated insurer’s intent to avoid resolving attorney’s fees is not ambiguous as to entitlement to fees — Appellate fees — Although insurer consistently requested appellate attorney’s fees under section 768.79(3), which does not provide substantive basis for awarding fees, appellate court overlooks error and grants motion for fees under section 768.79(1)

22 Fla. L. Weekly Supp. 967a

Online Reference: FLWSUPP 2208KLEMInsurance — Personal injury protection — Proposal for settlement — Declaratory actions — Monetary proposal for settlement directed to action that seeks declaration as to available PIP coverage and does not seek money damages is invalid — Motion to strike is granted

22 Fla. L. Weekly Supp. 961a

Online Reference: FLWSUPP 2208KIMInsurance — Personal injury protection — Coverage — Emergency medical condition — Declaratory action — Under amendments to PIP statute requiring PIP insurer to pay benefits up to $10,000 if qualified medical provider has determined that claimant had emergency medical condition and limiting reimbursement to $2,500 if qualified provider has determined that claimant did not have emergency medical condition, benefits are limited to $2,500 in absence of determination by qualified provider that emergency medical condition exists — Proposal for settlement and motion for attorney’s fees are stricken where provider does not seek monetary damages and will not recover any wrongfully withheld benefits

22 Fla. L. Weekly Supp. 542a

Online Reference: FLWSUPP 2205WILLAttorney’s fees — Proposal for settlement — Striking — Action for declaratory relief and breach of insurance contract

22 Fla. L. Weekly Supp. 132b

Online Reference: FLWSUPP 2201LAHEInsurance — Attorney’s fees — Proposal for settlement — Enlargement of time for response

22 Fla. L. Weekly Supp. 956a

Online Reference: FLWSUPP 2208LAKEInsurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Despite fact that insurer’s proposal for settlement was submitted before insurer amended its answer and affirmative defenses to assert demand letter issue on which it ultimately prevailed, where medical provider has made no showing that settlement offer was not made in good faith, insurer is entitled to award of attorney’s fees and costs