Volume 24

24 Fla. L. Weekly Supp. 27c

Online Reference: FLWSUPP 2401LIRAInsurance — Automobile — Uninsured motorist — Exclusions — Insured who was the “first person shown” as a named insured on the policy and who was injured while riding motorcycle owned by h er when motorcycle was rear-ended by vehicle not owned by the insured or her spouse was entitled to coverage under policy — Although policy excluded coverage for bodily injury to insured while occupying a vehicle owned by the insured or any resident relative if the vehicle was not the insured’s car or a newly acquired car, policy contained an exception to the exclusion for circumstance in which the named insured and that named insured’s spouse were injured while occupying or being struck by a motor vehicle not owned by one or both of them — No merit to argument that exception was intended to apply only when first named insured or spouse was injured in or by vehicle owned by resident relative where exception does not even mention resident relatives — Argument that it is unreasonable to interpret exception in manner that swallows exclusion is legally irrelevant and factually incorrect

24 Fla. L. Weekly Supp. 569a

Online Reference: FLWSUPP 2407TANKInsurance — Personal injury protection — Discovery — In action seeking declaration that insurer cancelled or failed to renew PIP policy based on arbitrary or capricious reasons, insured is entitled to discovery of underwriting file, underwriting requirements and guidelines; underwriting requirements and guidelines that support non-renewal of insured’s policy; and all documents considered in deciding not to renew policy — Precedent holding that underwriting file is only discoverable in bad faith claim is not applicable since statute governing bad faith claims does not include claim for wrongful cancellation or non-renewal of policy

24 Fla. L. Weekly Supp. 126a

Online Reference: FLWSUPP 2402SEWEInsurance — Attorney’s fees — Timeliness of motion — Motion seeking sanctions pursuant to section 57.105 which was filed after action was dismissed with prejudice was untimely — Motion denied for lack of jurisdiction

24 Fla. L. Weekly Supp. 150b

Online Reference: FLWSUPP 2402ISMAInsurance — Discovery — Failure to comply — Sanctions — Attorney’s fees and costs

24 Fla. L. Weekly Supp. 67a

Online Reference: FLWSUPP 2401LEADInsurance — Attorney’s fees — Amount

24 Fla. L. Weekly Supp. 432a

Online Reference: FLWSUPP 2406AMICInsurance — Attorney’s fees — Proposal for settlement — Small claims — Defendant’s motion to invoke Rules of Civil Procedure is granted — Invocation of rule 1.442, which applies to proposals for settlement, is appropriate in order to give full effect to section 627.736(8)

24 Fla. L. Weekly Supp. 299b

Online Reference: FLWSUPP 2404PROCInsurance — Personal injury protection — Declaratory actions — Attorney’s fees — Insured is not entitled to award of attorney’s fees under section 627.428 in action seeking declaration regarding insured’s entitlement to insurance coverage under policy but not alleging that insurer has improperly failed to make payments under policy

24 Fla. L. Weekly Supp. 458a

Online Reference: FLWSUPP 2406PINEInsurance — Personal injury protection — Attorney’s fees — Declaratory action — Recovery of attorney’s fees under section 627.428 is not limited to cases in which plaintiff recovers insurance benefits — Attorney’s fees are available to medical provider in declaratory action seeking determination of whether insurer’s policy properly incorporates permissive statutory fee schedule — Request to strike demand for attorney’s fees is premature where court has not yet rendered judgment or decree

24 Fla. L. Weekly Supp. 457b

Online Reference: FLWSUPP 2406BENDInsurance — Personal injury protection — Attorney’s fees — Declaratory action — Recovery of attorney’s fees under section 627.428 is not limited to cases in which plaintiff recovers insurance benefits — Attorney’s fees are available to medical provider in declaratory action seeking determination of whether insurer’s policy properly incorporates permissive statutory fee schedule — Request to strike demand for attorney’s fees is premature where court has not yet rendered judgment or decree

24 Fla. L. Weekly Supp. 980a

Online Reference: FLWSUPP 2411LAWRAttorney’s fees — Proposal for settlement — Nominal offer — Good faith — Where prevailing defendants always contended that they did not have any liability in contract action, there is nothing in record to support plaintiff’s argument that $100 proposal for settlement was not made in good faith, and defendants are entitled to award of attorney’s fees and costs — Fact that proposed settlement would not have even covered plaintiff’s filing fee does not establish bad faith