Volume 23

24 Fla. L. Weekly Supp. 927b

Online Reference: FLWSUPP 2411WARHInsurance — Trial court abused its discretion by striking insurer’s expert witness’s testimony as sanction for discovery misconduct where there was no showing of prejudice to opposing party or willfulness or bad faith on part of insurer

24 Fla. L. Weekly Supp. 927a

Online Reference: FLWSUPP 2411HUDSInsurance — Trial court abused its discretion by striking insurer’s expert witness’s testimony as sanction for discovery misconduct where there was no showing of prejudice to opposing party or willfulness or bad faith on part of insurer

24 Fla. L. Weekly Supp. 240a

Online Reference: FLWSUPP 2403FIGUInsurance — Venue — Where insurer that is foreign corporation has local office and in-house attorneys in Broward County, insurer has agent or other representative in county making venue proper there — Forum non conveniens — Affidavit averring that insurer’s glass department manager lives in Georgia fails to establish that Broward County is substantially more inconvenient than any other Florida county

24 Fla. L. Weekly Supp. 436a

Online Reference: FLWSUPP 2406PROCInsurance — Venue — Venue of breach of contract action against insurer that is domestic corporation is not proper in county where insurer does not maintain office and payment was not due — Motion to transfer venue is granted

24 Fla. L. Weekly Supp. 811b

Online Reference: FLWSUPP 2410PARKInsurance — Uninsured motorist — Scientific evidence — Expert witnesses — Testimony of insurer’s biomechanical expert, opining that forces applied in rear end collision to vehicle in which plaintiff was passenger were not sufficient to create injury mechanism for claimed cervical spine injuries, is excluded under both Daubert standard and Frye analysis — All three steps in expert’s injury causation analysis were based on insufficient facts where expert did not personally examine plaintiff, vehicles or accident scene — Further, expert’s methodology lacks general acceptance in relevant scientific community, and expert lacks expertise to render medical opinions

24 Fla. L. Weekly Supp. 332a

Online Reference: FLWSUPP 2405JGUZInsurance — Uninsured motorist — Coverage — Where liability portion of policy defined “covered auto” as including not only those vehicles owned by the named insured, but also autos owned by employees used in the insured’s business, the president/owner of the named insured was entitled to UM coverage for accident that occurred when he was driving his personal vehicle within course and scope of his job duties with the named insured, although UM policy limited definition of “covered auto” for UM purposes to only those vehicles owned by named insured — Where definition of “covered auto” was much broader for purposes of liability coverage, and employee’s personal automobile fell within that broader definition, Florida law requires that it be deemed covered for UM coverages as well — Because insurer defined “insured” for UM purposes as anyone occupying any covered auto, UM coverage was available so long as employee was operating vehicle within the course and scope of insured’s business

24 Fla. L. Weekly Supp. 147c

Online Reference: FLWSUPP 2402DMILInsurance — Standing — Assignment — Issues of fact regarding specific rights and benefits assigned to plaintiff and services performed preclude summary judgment in favor of insurer — No merit to argument that subsequent assignments related to covered loss are invalid as matter of law

24 Fla. L. Weekly Supp. 329a

Online Reference: FLWSUPP 2405MALOInsurance — Property — Standing — Error to grant motion to dismiss where amended complaint sufficiently alleges that assignor was acting as insured’s authorized agent, not mere interloper

24 Fla. L. Weekly Supp. 104b

Online Reference: FLWSUPP 2402ARANInsurance — Property — Sinkhole claim — Neutral evaluation process — Petition for writ of mandamus seeking to compel Department of Financial Services to facilitate neutral evaluation process for sinkhole damage to petitioners’ property is denied — Mandamus may not be used to resolve dispute as to whether statute requires that neutral evaluation process be made available in absence of sinkhole report or to enforce right to evaluation process under contract

24 Fla. L. Weekly Supp. 768c

Online Reference: FLWSUPP 2409HARLInsurance — Property — Insurer’s eleven affirmative defenses to complaint for property damage are stricken with leave to amend nine of those defenses