Volume 26

26 Fla. L. Weekly Supp. 514b

Online Reference: FLWSUPP 2606GUERInsurance — Personal injury protection — Coverage — Conditions precedent — Examination under oath — Failure to attend — Where insured failed to attend two scheduled EUOs, but there is no showing of unreasonableness on behalf of insured, insurer’s motion for final summary judgment and motion for sanctions are denied

26 Fla. L. Weekly Supp. 44a

Online Reference: FLWSUPP 2601MIGDCivil procedure — Expert witnesses — Fees — Treating physician not entitled to expert witness fees in instant case

26 Fla. L. Weekly Supp. 604a

Online Reference: FLWSUPP 2607MCKEInsurance — Venue for breach of contract action against insurer that is domestic corporation is not proper in Volusia County where insurer has agents doing business in county but does not maintain office there, and there is no allegation that cause of action arose there — Case is transferred to county where insurer maintains office

26 Fla. L. Weekly Supp. 304a

Online Reference: FLWSUPP 2604WINNInsurance — Venue — Forum selection clause — Motion to transfer venue based on forum selection clause is granted

26 Fla. L. Weekly Supp. 301a

Online Reference: FLWSUPP 2604ROMAInsurance — Venue — Forum selection clause — Where policy provision requiring any legal action against insurer to be brought in county and state where covered person lived at time of accident is valid and enforceable, and insurer did not waive its rights under clause, motion to transfer venue to county where assignor/insured resided at time of accident is granted

26 Fla. L. Weekly Supp. 298b

Online Reference: FLWSUPP 2604NOLAInsurance — Venue — Forum selection clause — Policy provision requiring any legal action against insurer to be brought in county and state where covered person lived at time of accident is valid and enforceable — Waiver — Fact that insurer sent letter demanding dismissal of suit based on case law from court of appeal of district in which case was then pending did not waive enforcement of forum selection clause — Insurer did not waive venue objection by actively participating in case by sending letter seeking dismissal of case, responding to discovery requests and filing discovery-related motions, or serving very limited discovery request — Service of proposal for settlement did not waive venue objection where no acceptance of proposal was filed — Motion to transfer venue to county in which assignor/insured resided at time of accident is granted

26 Fla. L. Weekly Supp. 500a

Online Reference: FLWSUPP 2606HUDSInsurance — Venue — Insurer that only participated in limited discovery and maintained objection to venue in answer and affirmative defenses and in motion to dismiss did not waive right to contest venue — Forum selection clause that mandates that insured bring action in county where insured resides at time of accident is not ambiguous or permissive — Assignee is bound by mandatory venue clause

26 Fla. L. Weekly Supp. 894a

Online Reference: FLWSUPP 2611RESEInsurance — Personal injury protection — Venue — Forum selection clause — Policy provision stating that any legal action against insurer must be brought in county and state where covered person lived at time of accident is valid mandatory forum selection clause — No merit to argument that forum selection clause is invalid due to overwhelming bargaining power of insurer where plaintiff is medical provider that was not party to contract but, rather, is suing under assignment of benefits knowingly accepted from insured — No merit to argument that insurer waived right to rely on forum selection clause by failing to supply provider with copy of policy in response to pre-suit demand

26 Fla. L. Weekly Supp. 893c

Online Reference: FLWSUPP 2611DUTKInsurance — Venue — Forum selection clause — Clause mandating that suit must be filed in county and state where covered person lived at time of accident is valid floating forum selection clause — Insurer’s limited participation in discovery and filing of proposal for settlement that was not accepted did not waive enforcement of forum selection clause

26 Fla. L. Weekly Supp. 893b

Online Reference: FLWSUPP 2611ROBEInsurance — Venue — Forum selection clause