Volume 23

23 Fla. L. Weekly Supp. 584a

Online Reference: FLWSUPP 2306MANNInsurance — 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

23 Fla. L. Weekly Supp. 465b

Online Reference: FLWSUPP 2305MARTInsurance — Automobile — Windshield repair — Repair shop’s complaint alleging breach of contract for failure to pay reasonably priced bill must plead terms of policy insurer breached and how it breached them — There is no cause of action for failure to pay benefits within reasonable time — Insured or assignee who believes insurer is failing to pay claim pursuant to policy has option either to file breach of contract complaint or to file civil remedy notice pursuant to section 624.155 and, if insurer does not resolve claim within 60 days, file both breach of contract action and action for additional damages under section 624.155 — Complaint dismissed without prejudice

23 Fla. L. Weekly Supp. 961a

Online Reference: FLWSUPP 2309MALUInsurance — Automobile — Windshield replacement — Where repair shop has not identified any statutory or contractual provision with which insurer failed to comply in processing its claims for windshield replacement and has failed to put forth any evidence that it was engaged in dispute with insurer over payment prior to filing suit, trial court cannot determine that post-suit payments made by insurer were wrongful as matter of law and constitute confession of judgment — Motion for summary judgment is denied

23 Fla. L. Weekly Supp. 586a

Online Reference: FLWSUPP 2306LUSNInsurance — Automobile — Windshield replacement — Repair shop’s complaint seeking payment of benefits for windshield replacement is dismissed with leave to amend complaint by stating policy provisions breached, how provisions were breached and damages suffered — Count alleging that insurer breached policy by failing to pay for glass replacement within “reasonable time” is dismissed without prejudice — Count seeking declaratory relief as to insurer’s competitive bid process is dismissed with leave to amend complaint by alleging existence of bona fide dispute and justiciable question as to existence of some right or fact on which some right depends and setting forth facts supporting dispute

23 Fla. L. Weekly Supp. 621a

Online Reference: FLWSUPP 2306BERTInsurance — Automobile — Windshield repair — Venue — Venue is proper in county in which insurer that is foreign corporation doing business in Florida has agents or other representatives — Conclusory statement listing where repairs were performed, where insured and insurer entered into contract and where insured resides does not satisfy requirement to show impropriety in plaintiff’s choice of venue through sworn testimony or statements

23 Fla. L. Weekly Supp. 620a

Online Reference: FLWSUPP 2306LANDInsurance — Automobile — Windshield repair — Venue — Venue is proper in selected county where insurer that is foreign corporation doing business in Florida has agents or other representatives in that county — Conclusory statement listing where repairs were performed, where insured and insurer entered into contract and where insured resides does not satisfy requirement to show impropriety in plaintiff’s choice of venue through sworn testimony or statement

23 Fla. L. Weekly Supp. 285c

Online Reference: FLWSUPP 2303SELFInsurance — 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 and by stating policy provisions breached, formula for calculating amount payable under policy, and amount paid by insurer

23 Fla. L. Weekly Supp. 285b

Online Reference: FLWSUPP 2303MARSInsurance — 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 and by stating policy provisions breached, and formula for calculating amount payable under policy

23 Fla. L. Weekly Supp. 285a

Online Reference: FLWSUPP 2303SHANInsurance — 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 and by stating policy provisions breached, formula for calculating amount payable under policy, and amount paid by insurer

23 Fla. L. Weekly Supp. 284c

Online Reference: FLWSUPP 2303SOSAInsurance — 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 and by stating policy provisions breached, formula for calculating amount payable under policy, and amount paid by insurer