Volume 23

23 Fla. L. Weekly Supp. 328a

Online Reference: FLWSUPP 2304COREInsurance — Commercial general liability — Action against several contractors and subcontractors, including insured, arising out of incident in which parking garage project partially collapsed — Duty to defend — Insurer has duty to defend its named insureds and its additional insureds from claims asserted by plaintiff in underlying litigation in which plaintiff sought damages for multiple acts of negligence alleged to have been committed by multiple persons or entities, any one of which can be seen to be an independent and proximate cause of damages sustained by plaintiff when garage partially collapsed — Application of Texas “cause test,” rather than “effects test,” in determining whether damages sustained by plaintiff were result of multiple occurrences

23 Fla. L. Weekly Supp. 139a

Online Reference: FLWSUPP 2302BERMInsurance — Personal injury protection — Class actions — Counts of class action complaint for breach of contract, declaratory relief, and injunctive relief on part of class of insureds and their assignees who have been denied PIP benefits based on insureds’ alleged failure to attend examinations under oath are dismissed for failure to state cognizable claims and due to predominance of individualized questions — Count for breach of contract for individual damages within jurisdictional limit of county court is remanded to county court

23 Fla. L. Weekly Supp. 138a

Online Reference: FLWSUPP 2302RICAInsurance — Personal injury protection — Class actions — Counts of class action complaint for breach of contract, declaratory relief, and injunctive relief on part of class of insureds and their assignees who have been denied PIP benefits based on insureds’ alleged failure to attend examinations under oath are dismissed for failure to state cognizable claims and due to predominance of individualized questions — Count for breach of contract for individual damages within jurisdictional limit of county court is remanded to county court

23 Fla. L. Weekly Supp. 878c

Online Reference: FLWSUPP 2308OVERInsurance — Automobile — Windshield replacement — Discovery — Windshield repair shop is entitled to discovery of amounts paid by insurer for replacement of like windshields in state during six-month period, copy of policy, any documents insurer intends to rely on to establish that insurer reimbursed “prevailing competitive labor rate” and any agreements between insurer and third-party that sent pre-suit correspondence withholding payment for claim

23 Fla. L. Weekly Supp. 649a

Online Reference: FLWSUPP 2306VOSSInsurance — Automobile — Windshield repair — Discovery — Failure to comply — Sanctions — Where insurer shielded itself from discovery of information relating to its manner of determining “prevailing competitive price” with claims of trade secret privilege and then provided information on last day of discovery period, insurer is not permitted to use witnesses or reference exhibits as to “prevailing competitive price”

23 Fla. L. Weekly Supp. 648b

Online Reference: FLWSUPP 2306HOLDInsurance — Automobile — Windshield repair — Discovery — Failure to comply — Sanctions — Where insurer shielded itself from discovery of information relating to its manner of determining “prevailing competitive price” with claims of trade secret privilege and then provided information on last day of discovery period, insurer is not permitted to use witnesses or reference exhibits as to “prevailing competitive price”

23 Fla. L. Weekly Supp. 635a

Online Reference: FLWSUPP 2306BECKInsurance — Automobile — Windshield repair — Declaratory judgment — Policy term “prevailing competitive price,” which is defined by policy as price insurer can secure from competent and conveniently located repair facility, is ambiguous as applied by insurer and must be construed in favor of repair shop/assignee — Insurer is obligated to pay price charged by repair shop so long as insurer could have secured that price on its own and shop is competent and conveniently located

23 Fla. L. Weekly Supp. 151b

Online Reference: FLWSUPP 2302RENCInsurance — Automobile — Windshield replacement — Where policy states that glass repair or replacement is not to exceed “prevailing competitive price” and defines that term as price insurer can secure from competent glass repair facility conveniently located to insured at time insured makes claim, but there is nothing in policy explaining how insurer determines or defines “prevailing competitive price,” ambiguity is resolved by adopting reasonable interpretation of term that provides coverage — Plaintiff glass repair shop’s interpretation of term to mean price charged by it as a competent repair facility conveniently located to insured is reasonable

23 Fla. L. Weekly Supp. 959a

Online Reference: FLWSUPP 2309MLUSInsurance — Automobile — Windshield replacement — Insurer is entitled to summary judgment on count of repair shop’s complaint alleging breach of contract by failing to pay claim within reasonable time where there is no genuine issue of material fact that policy does not contain any specified time in which payment is required to be made — Opposing affidavit averring that repair shop is required to pay for auto glass within 30 days or be charged interest does not preclude summary judgment — Motion to amend complaint is denied as futile

23 Fla. L. Weekly Supp. 652a

Online Reference: FLWSUPP 2306ESTEInsurance — Automobile — Windshield repair — Repair shop’s complaint seeking payment of benefits for windshield repair is dismissed with leave to amend complaint by attaching assignment, repair invoice and insurance policy; by identifying policy provisions breached and amount paid by insurer and by pleading formula or method for calculating amount payable under policy