Volume 25

25 Fla. L. Weekly Supp. 545a

Online Reference: FLWSUPP 2506VALVInsurance — Personal injury protection — Complaint — Amendment — Agreed order to amend complaint to name correct insurance carrier as defendant — Insurer agrees to waive any defect in presuit demand letter insofar as it was sent to wrong insurer

25 Fla. L. Weekly Supp. 92a

Online Reference: FLWSUPP 2501BORGInsurance — Coverage — Medical expenses — Denial — False and misleading statements on billing statements

25 Fla. L. Weekly Supp. 829a

Online Reference: FLWSUPP 2509ADAMInsurance — Med pay — Subrogation lien — Declaratory judgments — Amended complaint seeking declaration that any recovery of settlement proceeds by insurer under subrogation lien is required to be reduced by its pro rata share of attorney’s fees and costs incurred by insured in recovering from tortfeasor fails to present bona fide, actual, or present need for declaration where collateral source statute clearly provides for reduction of lien by pro rata share of fees and costs and statute is not in conflict with subrogation clause in policy or letters from insurer asserting claim of lien under statute and policy — Motion to dismiss is granted

25 Fla. L. Weekly Supp. 105a

Online Reference: FLWSUPP 2501NAVAInsurance — Personal injury protection — Service of process — Failure to perfect within 120 days — Motion to dismiss granted

25 Fla. L. Weekly Supp. 83a

Online Reference: FLWSUPP 2501NCHAInsurance — Personal injury protection — Provider’s motion for relief from order granting defendant’s motion for final judgment and related motion for sanctions is denied — Filing of notice of voluntary dismissal without leave of court after hearing on motion for summary judgment had been completed did not deprive court of jurisdiction to enter written order granting summary judgment — Plaintiff’s allegations of fraud upon court, made over a year after entry of written final summary judgment, were improper/lacking any evidentiary basis, and not made

25 Fla. L. Weekly Supp. 555a

Online Reference: FLWSUPP 2506VALDInsurance — Homeowners — Water remediation — Where insurer had notice of valid assignment to plaintiff water remediation company prior to issuance of payment to insured, insurer cannot rely on payment to insured to discharge debt owed to plaintiff

25 Fla. L. Weekly Supp. 840a

Online Reference: FLWSUPP 2509UNIVInsurance — Insurer’s complaint against water remediation company alleging fraudulent misrepresentation — Because insurer relies on same information previously relied upon when it adjusted, negotiated and paid company’s claim without issue, no triable fact issue exists — Summary disposition granted

25 Fla. L. Weekly Supp. 866a

Online Reference: FLWSUPP 2510BLACInsurance — Homeowners — Water damage — Contractor/assignee’s action against insurer — Order dismissing insurer’s second amended compulsory counterclaim without prejudice was non-final, non-appealable order — Second amended counterclaim alleging contractor violated Deceptive and Unfair Trade Practices Act was compulsory in nature where counterclaim arose from same aggregate of operative facts

25 Fla. L. Weekly Supp. 117a

Online Reference: FLWSUPP 2501CALZInsurance — Homeowners — Standing — Motion for judgment on pleadings arguing that company that provided emergency water removal service on homeowners’ property lacks standing to sue insurer because homeowners’ mortgage company did not consent to assignment, as is required by policy, is denied — Policy provision that restricts post-loss assignment of benefits is contrary to Florida law

25 Fla. L. Weekly Supp. 162a

Online Reference: FLWSUPP 2502MUMIInsurance — Homeowners — Standing — Motion for summary judgment arguing that company that provided emergency water removal services on homeowner’s property lacks standing to sue insurer because homeowner’s mortgage holder did not consent to assignment of benefits, as is required by policy, is denied — Policy provision that restricts post-loss assignment of benefits is contrary to Florida law