Volume 25

25 Fla. L. Weekly Supp. 371a

Online Reference: FLWSUPP 2504MFERInsurance — Personal injury protection — Deductible — Insurer properly applied policy deductible to reasonable covered expenses calculated pursuant to fee schedules and was not required to apply deductible first against amount billed for services rendered before applying the fee schedules — Legislature’s failure to enact proposed amendments to section 627.739(2) in 2016 did not illustrate Legislature’s intent to disallow insurers from applying deductible to the “covered” amount

25 Fla. L. Weekly Supp. 283a

Online Reference: FLWSUPP 2503LROMInsurance — Personal injury protection — Deductible — Where insurer failed to provide clear and unambiguous notice of election to utilize permissive statutory fee schedules as method of calculating reimbursement, insurer improperly reduced charges through application of fee schedules before applying deductible to reduced amount

25 Fla. L. Weekly Supp. 827c

Online Reference: FLWSUPP 2509MCKIInsurance — Personal injury protection — Standing — Declaratory judgments — Insured who assigned PIP benefits to medical providers has standing to bring declaratory action seeking coverage declaration

25 Fla. L. Weekly Supp. 103a

Online Reference: FLWSUPP 2501ROBIInsurance — Personal injury protection — Declaratory actions — Motion to dismiss complaint seeking declaration as to whether insurer can combine both reasonable amount method of reimbursement and statutory fee schedule method of reimbursement into hybrid method of reimbursement is denied — Existence of another remedy at law through action for breach of contract does not preclude judgment for declaratory relief

25 Fla. L. Weekly Supp. 161a

Online Reference: FLWSUPP 2502MATTInsurance — Liability — Coverage — Declaratory judgment — Plaintiff who was not listed as either named insured or additional insured in policies attached to first amended complaint and who failed to allege facts which could qualify the plaintiff as an insured or additional insured under express written language of policies, cannot state cause of action for declaratory judgment regarding additional insurance coverage available to the plaintiff under the policies — Accordingly, count against insurer must be dismissed — Further, complaint against insurer is prohibited by Florida’s non-joinder statute, which requires that a person not insured under policy obtain a settlement or verdict against insured prior to bringing an action against insurer — Because plaintiff is not named insured or additional insured under the policies at issue and has not obtained settlement or verdict against insured, dismissal with prejudice is warranted

25 Fla. L. Weekly Supp. 670b

Online Reference: FLWSUPP 2507LEEInsurance — Personal injury protection — Complaint — Amendment — Complaint naming incorrect insurance carrier as defendant is amended to name correct insurer — Insurer waives any defect in demand letter to extent it was addressed to wrong carrier

25 Fla. L. Weekly Supp. 668b

Online Reference: FLWSUPP 2507KJOSInsurance — Complaint — Amendment — Correction of name of defendant insurer

25 Fla. L. Weekly Supp. 17a

Online Reference: FLWSUPP 2501PULTInsurance — Commercial general liability policy — Defective construction — Duty to defend — Insurer had duty to defend contractor which was listed as additional insured on CGL policy issued to subcontractor where complaint sought damages from contractor based on property damage resulting from subcontractor’s work — If complaint alleges facts which create potential coverage under policy, insurer has obligation to defend — Untimely notice of claim — Insurer waived right to object to coverage on basis of untimely notice where insurer received notice of claim at least three times over the course of a year, and each time the claim was denied on grounds other than late notice — Fact that no claim was directed against subcontractor is not determinative of whether allegations of underlying complaint were sufficient to trigger duty to defend — Allegations of complaint were sufficient to establish an “occurrence” and “property damage” which potentially were covered by policy

25 Fla. L. Weekly Supp. 897b

Online Reference: FLWSUPP 2510WEGLInsurance — Automobile — Windshield repair or replacement — Final judgment entered in favor of insurer in assignee’s action to recover difference between amount tendered by insurer in payment of claim, which was less than amount reflected in assignee’s invoice, and amount assignee contended it was due under terms of policy where assignee failed to present evidence proving the amount due under the policy at issue

25 Fla. L. Weekly Supp. 908a

Online Reference: FLWSUPP 2510EORTInsurance — Automobile — Windshield repair or replacement — Prevailing competitive price — Although policy did not define “prevailing competitive price,” limit of liability language in policy provided that the prevailing competitive price was the price insurer could secure from a competent and conveniently located repair facility — Partial summary judgment in favor of plaintiff is appropriate where both parties agreed that plaintiff’s repair facility was both competent and conveniently located to the insured at the time of loss