Volume 24

24 Fla. L. Weekly Supp. 501a

Online Reference: FLWSUPP 2407SANTInsurance — Automobile liability — Third-party bad faith claim — Plaintiff who was involved in motor vehicle accident with insured, resolved dispute with insured confidentially, and agreed to order dismissing case against insured with prejudice cannot bring third-party bad faith claim against insured’s liability insurer where plaintiff holds no judgment against insured — Trial court did not have jurisdiction to vacate order of dismissal and enter final judgment more than two years after entry of order of dismissal — Although insurer was not party to action between plaintiff and insured, it may challenge validity of void judgment since its rights are affected by that judgment

24 Fla. L. Weekly Supp. 194a

Online Reference: FLWSUPP 2402ZOGLInsurance — Automobile — Windshield repair — Venue — Where insurer is foreign corporation that does not have agent in Lee County and there is no property that is subject of litigation, venue in repair shop’s action against insurer is proper in county where cause of action accrued — Place of payment rule is not applicable to determination of place of accrual of action where there is no debtor-creditor relationship between parties, and sum sought by repair shop is unliquidated — Cause of action arose in county where insurer was to make payment, which is county where insured resides — Where insured, repair shop, adjuster, and all other likely witnesses reside outside of Lee County, convenience of parties weighs in favor of transferring venue — Case is transferred to county where insured resides

24 Fla. L. Weekly Supp. 112a

Online Reference: FLWSUPP 2402DELAInsurance — Automobile — Windshield repair — Venue — Where insurer’s claim that venue was not proper in Lee County because plaintiff repair shop does not have corporate office in that county was never substantiated with evidence, only by photocopies of documents attached to unsworn motion, trial court did not err in denying motion to transfer venue on that basis — Forum non conveniens — However, trial court abused it discretion in denying motion to transfer venue to Palm Beach County where it is undisputed that all critical witnesses reside and do business in that county

24 Fla. L. Weekly Supp. 744a

Online Reference: FLWSUPP 2409LESCInsurance — Automobile — Windshield repair — Coverage — Where term “prevailing competitive price,” which policy defines as price insurer can secure from competent and conveniently located repair facility, can be interpreted both as allowing insurer to limit reimbursement to amount it has previously authorized to pay for same type of repair and as price quoted by plaintiff repair shop so long as insurer is able to obtain same price and plaintiff’s shop is competent and conveniently located, term is ambiguous and must be interpreted in manner most favorable to plaintiff — Insurer failed to produce admissible evidence that it can secure price it reimbursed for repair where affidavit submitted as evidence had attachments that were hearsay and not properly authenticated

24 Fla. L. Weekly Supp. 473b

Online Reference: FLWSUPP 2407GEICInsurance — Automobile — Windshield replacement or repair — Prevailing competitive price — Language of policy limiting insurer’s liability for cost of windshield repair to prevailing competitive price is not ambiguous and supports insurer’s assertion that term means an amount that would be accepted by at least one competent glass facility conveniently located to the insured at the time of the repairs — However, genuine issues of material fact exist as to whether costs quoted by insurer to determine prevailing competitive price were from “competent glass repair facilities” as required by policy language — Affidavit in support of insurer’s motion for summary judgment was faulty in that it attempted to establish the existence of competent glass repair facilities, but not on the date that the repairs were done

24 Fla. L. Weekly Supp. 884a

Online Reference: FLWSUPP 2410ADAMInsurance — Automobile — Windshield repair — Coverage — Where term “prevailing competitive price,” which policy defines as price insurer can secure from competent and conveniently located repair facility, can be interpreted both as allowing insurer to limit reimbursement to amount it has previously authorized to pay for same type of repair and as price quoted by plaintiff repair shop so long as insurer is able to obtain same price and plaintiff’s shop is competent and conveniently located, term is ambiguous and must be interpreted in manner most favorable to plaintiff — Insurer failed to produce admissible evidence that it can secure price it reimbursed for repair where affidavit submitted as evidence had attachments that were hearsay and not properly authenticated

24 Fla. L. Weekly Supp. 869a

Online Reference: FLWSUPP 2410MONTInsurance — Automobile — Windshield repair — Where automobile insurance policy provides that, except in emergency circumstances, insurer will only pay for damage it is able to inspect prior to repair, and neither insured nor repair shop/assignee provided insurer with notice of damage and opportunity for inspection before repairs were made, there is no coverage under policy for claim

24 Fla. L. Weekly Supp. 761a

Online Reference: FLWSUPP 2409SBUSInsurance — Automobile — Windshield repair or replacement — Small claims action against insurer by repair shop’s assignee seeking to collect balance claimed to be due from insurer — Plaintiff’s motion for final summary disposition granted — Limitation of liability provision of insurance policy was affirmative defense which was waived when insurer did not raise defense by deadline set by court — Insurer’s argument that it did not file affirmative defenses because, if it did so, it would be waiving right to appraisal is rejected

24 Fla. L. Weekly Supp. 179a

Online Reference: FLWSUPP 2402WHITInsurance — Automobile — Windshield repair — Default — Vacation — Insurer’s motion to vacate final default judgment is denied where motion was not made under oath — Moreover, insurer did not act diligently in seeking relief where motion was submitted six months after entry of judgment

24 Fla. L. Weekly Supp. 173a

Online Reference: FLWSUPP 2402ALTLInsurance — Automobile — Windshield repair — Motion to dismiss count seeking declaration as to interpretation and implementation of policy term “prevailing competitive price” is denied — Motion to dismiss count for breach of insurance contract is denied — Motion to transfer venue is denied where supporting affidavit does not present sufficient information to enable court to properly weigh convenience of key witnesses