Volume 22

22 Fla. L. Weekly Supp. 373c

Online Reference: FLWSUPP 2203RESTInsurance — Property — Appraisal — Measures taken to protect covered property from further damage — Reasonableness of amount charged by plaintiff for emergency services is not subject to appraisal

22 Fla. L. Weekly Supp. 1101a

Online Reference: FLWSUPP 2209PEREInsurance — Personal injury protection — Application — Misrepresentations — Waiver — Insurer waived right to raise material misrepresentation defense by failing to issue refund check jointly to insured and premium financing company and by failing to timely refund all premiums to insured with interest

22 Fla. L. Weekly Supp. 468b

Online Reference: FLWSUPP 2204ORTIInsurance — Personal injury protection — Application — Misrepresentations — Where PIP policy provides that it is only void ab initio if there is knowing concealment or misrepresentation of material fact, disputed factual issue as to whether insured knowingly intended to conceal identity of other members of household in application precludes entry of summary judgment

22 Fla. L. Weekly Supp. 54a

Online Reference: FLWSUPP 2111MANSInsurance — Personal injury protection — Appeals — Standing — Omission of “P.A.” from style of petition for writ of certiorari seeking review of order in case filed by medical provider as professional association is scrivener’s error that does not deprive provider of standing — Appeals — Certiorari — Order dismissing with prejudice provider’s claim for declaratory relief in multi-count complaint containing interrelated claims is non-final, non-appealable order reviewable only pursuant to appellate court’s certiorari jurisdiction — Provider has not established that dismissal of declaratory action claim or potentially improper award of attorney’s fees creates irreparable harm necessary for writ of certiorari where both are reviewable on plenary appeal

22 Fla. L. Weekly Supp. 52b

Online Reference: FLWSUPP 2111CORRInsurance — Discovery — Appeals — Certiorari — Absence of transcript — Affirmance of lower court ruling

22 Fla. L. Weekly Supp. 50a

Online Reference: FLWSUPP 2111ELVIInsurance — Discovery — Appeals — Certiorari — Absence of transcript — Affirmance of lower court ruling

22 Fla. L. Weekly Supp. 631a

Online Reference: FLWSUPP 2205STEWInsurance — Appellate costs — Insurer that prevailed on appeal is entitled to recover bond premiums it was required to incur to prosecute appeal — Where insurer appealed only pretrial issue, insurer is not entitled to reimbursement for cost of preparing entire trial transcript

22 Fla. L. Weekly Supp. 643a

Online Reference: FLWSUPP 2205CEASInsurance — Affirmative defenses — Amendment — Motion to amend affirmative defenses filed when case had been pending for 14 months and after issuance of pre-trial order and completion of mediation and arbitration is denied as untimely — Further, amendment to assert defense of improper record-keeping would be futile since this is not valid defense

22 Fla. L. Weekly Supp. 856a

Online Reference: FLWSUPP 2207HENDInsurance — Affirmative defenses — Accord and satisfaction — Notation on letter accompanying check fails to meet conspicuousness requirement for statutory accord and satisfaction — Elements of common law accord and satisfaction not met

22 Fla. L. Weekly Supp. 1121a

Online Reference: FLWSUPP 2210WESTInsurance — Personal injury protection — Affirmative defenses — Accord and satisfaction — Where insurer sent letter to medical provider advising that it would not be reimbursing provider for any treatment after certain date based on results of independent medical examinations, thereafter insurer sent check marked as being for full and final payment of PIP benefits, and provider cashed check, cashing of check created accord and satisfaction that included dates of service after IME cutoff date — Provider’s claim that it believed check was payment only for dates of service up to IME cutoff date is of no moment where facts indicate that accord and satisfaction took place as matter of law