Volume 23

23 Fla. L. Weekly Supp. 770a

Online Reference: FLWSUPP 2307JONEInsurance — Declaratory judgments — Personal injury protection — Medpay — Complaint seeking declaration concerning insurer’s duty to pay for mechanical traction on various service dates dismissed based on finding that there is no bona fide, actual present practical need for declaration sought by plaintiff and that the relief sought amounts to seeking legal advisory opinion from the court

23 Fla. L. Weekly Supp. 765a

Online Reference: FLWSUPP 2307GOSIInsurance — Declaratory action — Count of amended complaint seeking declaration as to whether insurer paid proper reimbursement to medical provider is dismissed where provider states that parties are in disagreement but has failed to alleged sufficient factual basis to demonstrate bona fide, actual, present practical need for declaration, and judgment on count of complaint alleging breach of contract will provide full relief for provider

23 Fla. L. Weekly Supp. 929a

Online Reference: FLWSUPP 2309ARDUInsurance — Health — Insurer did not violate section 627.6487, which prohibits health insurer from declining coverage or imposing pre-existing conditions exclusion on eligible individuals desiring to enroll in individual health insurance coverage, where none of plaintiffs qualified as “eligible individual” within meaning of statute because at time they applied for individual coverage they were either still eligible for coverage under group health plan in which they were enrolled or were still eligible for and had not exhausted COBRA coverage — Exclusionary rider excluding coverage for plaintiff’s colon is enforceable — Although statute limits general pre-existing condition provisions to certain time period, it does not restrict use of permanent exclusionary riders for specific conditions or body parts — Breach of contract counts fail where two plaintiffs were never issued policies, and third plaintiff’s policy was not breached by insurer during few hours between issuance of policy and revocation by plaintiff — Declaratory relief relating to provisions of statute is inappropriate where plaintiffs are not eligible individuals under statute

23 Fla. L. Weekly Supp. 769b

Online Reference: FLWSUPP 2307BCOYInsurance — Personal injury protection — Continuance pending discovery — Motion to continue hearing on insurer’s motion for summary judgment challenging demand letter in order to allow completion of discovery is denied — Requested discovery is not likely to produce evidence material to demand letter issue

23 Fla. L. Weekly Supp. 269a

Online Reference: FLWSUPP 2303MANRInsurance — Personal injury protection — Contempt — Failure to comply with court orders — Striking of affirmative defenses — Attorney’s fees — Monetary sanctions

23 Fla. L. Weekly Supp. 1077a

Online Reference: FLWSUPP 2310LANDInsurance — Automobile — Complaint — Amendment — Plaintiff’s motion to amend complaint to correct name of defendant insurer is granted — There is no prejudice to insurer where both insurer named in original complaint and proper insurer have same address, thereby providing proper insurer with notice of plaintiff’s claim, and plaintiff acted swiftly to correct mistake

23 Fla. L. Weekly Supp. 878a

Online Reference: FLWSUPP 2308JMILInsurance — Complaint — Amendment to name correct insurer

23 Fla. L. Weekly Supp. 877a

Online Reference: FLWSUPP 2308MELEInsurance — Complaint — Amendment to name correct insurer — Deficiency in demand letter, to extent letter was addressed to wrong insurer, is waived

23 Fla. L. Weekly Supp. 857a

Online Reference: FLWSUPP 2308WILSInsurance — Complaint — Amendment to name correct insurer — Amended complaint is deemed filed on date of order granting motion to amend, not date of filing original complaint

23 Fla. L. Weekly Supp. 829b

Online Reference: FLWSUPP 2308INTEDeclaratory judgments — Insurance — Commercial vehicle — Duty to defend or indemnify — Wrongful death — Workers’ Compensation — Exclusive remedy — Action seeking declaration that commercial vehicle policy does not provide coverage for damages in wrongful death action arising from accident at construction site and that insurer has no duty to defend or indemnify insured because Workers’ Compensation Act provides insured employer with immunity from wrongful death action — Constitutionality — 2003 amendments to Act that narrowed exception to employer’s workers’ compensation immunity to instances where employer engaged in conduct that is virtually certain to result in injury or death is not unconstitutional denial of access to courts where rational basis exists for enactment, and Act remains reasonable alternative to tort litigation — Enactment of “virtually certain” standard did not create separate class of individuals in violation of equal protection clause or encroach on judicial function in violation of separation of powers doctrine — Insurer’s motion for partial summary judgment on constitutionality of Act is granted