Volume 25

25 Fla. L. Weekly Supp. 575b

Online Reference: FLWSUPP 2506MORRArbitration — Insurance — Automobile — Windshield replacement or repair — Confirmation of arbitration award is required where neither party filed timely request for trial de novo

25 Fla. L. Weekly Supp. 666a

Online Reference: FLWSUPP 2507PAULInsurance — Personal injury protection — Arbitration — Where parties did not request trial de novo within deadline for such request, trial court must enter judgment in accordance with arbitrator’s decision — No merit to argument that joint motion for stay submitted prior to deadline for requesting trial de novo should have been retroactively granted

25 Fla. L. Weekly Supp. 906b

Online Reference: FLWSUPP 2510MGARInsurance — Personal injury protection — Arbitration — Confirmation of award — Where parties did not request trial de novo within deadline for such request, trial court must enter judgment in accordance with arbitrator’s decision — Insurer has failed to make showing of excusable neglect sufficient to relieve it from consequences of failure to timely request trial de novo where affidavit of legal assistant to insurer’s counsel states that assistant did not receive notice of award to forward to counsel, but court’s e-filing portal indicates that arbitrator’s notice of filing award was e-served on insurer’s counsel at her email address

25 Fla. L. Weekly Supp. 906a

Online Reference: FLWSUPP 2510SIMMInsurance — Arbitration — Confirmation of award — Where parties did not request trial de novo within deadline for such request, trial court must enter judgment in accordance with arbitrator’s decision

25 Fla. L. Weekly Supp. 379a

Online Reference: FLWSUPP 2504THOMInsurance — Automobile — Windshield repair or replacement — Appraisal — Mandatory appraisal clause constituted a de facto deductible, thereby rendering appraisal clause unenforceable, where appraisal clause required the insured to share the costs of appraisal — Discussion of interplay between section 627.7288, which precludes application of deductible to claim of windshield damage, and costs required by an appraisal clause under insurance policy’s comprehensive coverage provisions

25 Fla. L. Weekly Supp. 302a

Online Reference: FLWSUPP 2504JTHOInsurance — Automobile — Windshield replacement or repair — County court did not depart from clearly established principles of law by denying insurer’s motion to dismiss or in the alternative to stay case and compel appraisal on ground that appraisal clause, which imposed certain expenses upon insured, was unenforceable because it had the effect of charging a deductible, in violation of statute prohibiting insurance companies from imposing deductible to claims for windshield damage — Petition for writ of certiorari denied

25 Fla. L. Weekly Supp. 530a

Online Reference: FLWSUPP 2506PODOInsurance — Homeowners — Water damage — Appraisal — Competent and impartial appraiser — Appraiser whose fee is based on total amount of loss has an interest in the amount of loss and, accordingly, cannot be impartial

25 Fla. L. Weekly Supp. 229b

Online Reference: FLWSUPP 2503SOWEInsurance — Appraisal — Trial court departed from essential requirements of law by denying motion to enforce appraisal where insurer invoked appraisal provision of policy and sole dispute was amount of loss, which fell within appraisal provision

25 Fla. L. Weekly Supp. 291b

Online Reference: FLWSUPP 2503BECKInsurance — Automobile — Windshield repair — Appraisal — Court reserves ruling on motion to dismiss and/or abate complaint pending discovery on whether insurer waived right to appraisal by utilizing interested appraiser

25 Fla. L. Weekly Supp. 126b

Online Reference: FLWSUPP 2501KENNInsurance — Automobile — Windshield replacement — Motion to dismiss complaint for failure to name correct insurer is denied, and plaintiff repair shop is directed to amend complaint to name correct insurer — Because insurer confirmed coverage, notified repair shop that dispute is solely over amount of loss, and requested appraisal, action is stayed to allow parties to proceed through appraisal process