Volume 23

23 Fla. L. Weekly Supp. 878b

Online Reference: FLWSUPP 2308KARAInsurance — Automobile — Default — Trial court is without jurisdiction to consider motion to set aside default that was filed after entry of default final judgment

23 Fla. L. Weekly Supp. 972a

Online Reference: FLWSUPP 2309MAHAInsurance — Automobile — Coverage — Prevailing competitive price — Where applicable policy provisions state that cost of repair is based on prevailing competitive price and define prevailing competitive price as price charged by majority of repair market in area as determined by survey made by insurer, and insurer made payment based on cost-estimating method and price reported by majority of area repair facilities surveyed, insurer is entitled to summary judgment

23 Fla. L. Weekly Supp. 614d

Online Reference: FLWSUPP 2306CANIInsurance — Automobile — Coverage — Labor and material rates — Insurer’s motion for partial summary disposition on claims for higher body and paint labor rates and paint and material rate is granted where insurer established that it paid prevailing competitive prices as required by insurance contract, and repair shop failed to produce any opposing evidence

23 Fla. L. Weekly Supp. 829a

Online Reference: FLWSUPP 2308LYNCInsurance — Uninsured motorist — Attorney’s fees

23 Fla. L. Weekly Supp. 51a

Online Reference: FLWSUPP 2301DURAInsurance — Attorney’s fees — Discovery — Failure to comply — Sanctions — Dismissal — Medical provider’s noncompliance with order compelling more sufficient response to discovery request regarding provider’s attorney’s fees claim justifies dismissal of claim where more than one year has passed since entry of order compelling response and more than six months have passed since issuance of order denying fourth motion for extension of time to respond and notifying provider that it faced possible sanction of dismissal

23 Fla. L. Weekly Supp. 964a

Online Reference: FLWSUPP 2309ADVAInsurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Nominal offer of settlement was made in good faith where insurer’s defense was that medical provider had sued wrong party

23 Fla. L. Weekly Supp. 340a

Online Reference: FLWSUPP 2304REEDInsurance — Personal injury protection — Proposal for settlement — Trial court does not have authority to force insurer to afford medical provider additional time to respond to proposal for settlement

23 Fla. L. Weekly Supp. 911b

Online Reference: FLWSUPP 2309DORInsurance — Personal injury protection — No abuse of discretion in denying medical provider’s motion for new trial based on arguments that insurance fraud defense permeated trial, insurer was allowed to use witness depositions from another case to which provider was not party, and insurer made improper closing argument where totality of errors and improprieties was not sufficiently pervasive to raise doubts as to overall fairness of proceedings — No error in entering directed verdict in provider’s favor on fraud claim where insurer did not present sufficient evidence that insured knowingly submitted false or misleading statements with intent to injure, defraud or deceive insurer — No abuse of discretion in denying insurer’s motion for attorney’s fees and costs where trial court’s determination that insurer did not have reasonable foundation for its proposal of settlement and did not make offer with intent to settle is not one that no reasonable judge could make

23 Fla. L. Weekly Supp. 770b

Online Reference: FLWSUPP 2307HUMAInsurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Where benefits were exhausted by payment made to medical provider in response to pre-suit demand letter before insurer was served with provider’s complaint, provider is not entitled to award of attorney’s fees

23 Fla. L. Weekly Supp. 1000c

Online Reference: FLWSUPP 2310QUEVInsurance — Personal injury protection — Attorney’s fees — Medical provider that obtained confession of judgment as to statutory penalty and postage but voluntarily dismissed its claim for PIP benefits was not entitled to award of attorney’s fees and costs