Volume 23

23 Fla. L. Weekly Supp. 218b

Online Reference: FLWSUPP 2303GOODInsurance — Condominium unit — Appraisal — Assignee — Trial court did not err in allowing post-loss assignee, who was not party to insurance contract, to participate in appraisal process

23 Fla. L. Weekly Supp. 486a

Online Reference: FLWSUPP 2305BECKInsurance — Automobile — Windshield repair — Declaratory action — Insurer’s demand for appraisal of windshield damage is unripe until glass repair shop’s complaint for declaratory relief seeking declaration interpreting ambiguities in policy, including appraisal provision, is resolved — Actions of insurer’s selected appraiser in retaining counsel and threatening other repair shops with litigation regarding disputes in appraisal process are not actions of “impartial” appraiser

23 Fla. L. Weekly Supp. 480a

Online Reference: FLWSUPP 2305GIBBInsurance — Automobile — Windshield repair — Declaratory action — Insurer’s demand for appraisal of windshield damage is unripe until glass repair shop’s complaint for declaratory relief seeking declaration interpreting ambiguities in policy, including appraisal provision, is resolved — Actions of insurer’s selected appraiser in retaining counsel and threatening other repair shops with litigation regarding disputes in appraisal process are not actions of “impartial” appraiser

23 Fla. L. Weekly Supp. 862a

Online Reference: FLWSUPP 2308SOTOInsurance — Automobile — Windshield repair — Appraisal — Insurer’s motion to stay repair shop’s complaint for declaratory relief is denied and motion to invoke appraisal is reserved where interpretation of ambiguities in policy sought in declaratory action is necessary before there can be disagreement as to amount of loss so as to allow invocation of appraisal process — Appraiser that has in past retained counsel to threaten repair shops with litigation during appraisal process does not qualify as impartial appraiser required by policy — Court defers ruling on argument that appraisal provision is unenforceable because expense of appraisal is prohibitive for shop and insured

23 Fla. L. Weekly Supp. 859b

Online Reference: FLWSUPP 2308ARIAInsurance — Automobile — Windshield repair — Appraisal — Insurer’s motion to stay repair shop’s complaint for declaratory relief is denied and motion to invoke appraisal is reserved where interpretation of ambiguities in policy sought in declaratory action is necessary before there can be disagreement as to amount of loss so as to allow invocation of appraisal process — Appraiser that has in past retained counsel to threaten repair shops with litigation during appraisal process does not qualify as impartial appraiser required by policy — Court defers ruling on argument that appraisal provision is unenforceable because expense of appraisal is prohibitive for shop and insured

23 Fla. L. Weekly Supp. 788a

Online Reference: FLWSUPP 2307ARADInsurance — Automobile — Windshield repair — Appraisal — Insurer’s motion to stay repair shop’s complaint for declaratory relief is denied and motion to invoke appraisal is reserved where interpretation of ambiguities in policy sought in declaratory action is necessary before there can be disagreement as to amount of loss so as to allow invocation of appraisal process — Appraiser that has in past retained counsel to threaten repair shops with litigation during appraisal process does not qualify as impartial appraiser required by policy — Court defers ruling on argument that appraisal provision is unenforceable because expense of appraisal is prohibitive for shop and insured

23 Fla. L. Weekly Supp. 400a

Online Reference: FLWSUPP 2305FILIInsurance — Automobile — Appraisal — Appeals — Petition for writ of certiorari challenging order denying motion to stay and enforce appraisal satisfies both requirements of irreparable harm and departure from essential requirements of law — Where dispute between insurer and auto repair shop/assignee concerns amount charged for labor and materials, not coverage, dispute is appropriate for appraisal — No merit to claim that insurer waived right to appraisal by electing to repair vehicle where insurer composed two estimates of damage and issued checks to insured that specified that they were not authorizations to repair, and insured elected to take vehicle to shop for repair — Order denying motion is quashed

23 Fla. L. Weekly Supp. 854a

Online Reference: FLWSUPP 2308AMARInsurance — Personal injury protection — Material misrepresentation on application — Signature on non-business use statement — Insured did not, as matter of law, drive her vehicle for delivery, business or commercial purposes where she worked as occupational therapist who traveled to patients’ schools and residences to perform therapies, but did not transport patients or perform therapies in her vehicle

23 Fla. L. Weekly Supp. 557c

Online Reference: FLWSUPP 2306GARAInsurance — Personal injury protection — Application — Misrepresentations — Where insureds understood at time they signed application for PIP policy that they were and would be using insured vehicles for business purposes, yet they swore on application that vehicles were not and would not be used for business purposes, insurer is entitled to rescind policy

23 Fla. L. Weekly Supp. 561a

Online Reference: FLWSUPP 2306BETAInsurance — Personal injury protection — Application — Misrepresentations — Where insured entered non-existent address as garaged location of vehicle when applying online for PIP policy, and insurer would not have issued policy online and premium would have been more than doubled if correct address had been given, insurer is entitled to void policy and deny coverage based on material misrepresentation — No merit to argument that insurer’s failure to refund premiums bars it from rescinding policy — Failure to refund premiums did not waive right to deny coverage, refund was impracticable since insurer had been given incorrect address for insured, and all premiums escheated to state when insurer was unable to make refund