Volume 26

26 Fla. L. Weekly Supp. 968a

Online Reference: FLWSUPP 2612BISCInsurance — Homeowners — Standing — Assignment clearly and unambiguously transfers insured’s rights under policy to plaintiff — Assignment of benefits on homestead property is ineffective where assignment was not fully executed in manner prescribed by sections 689.01 and 689.111

26 Fla. L. Weekly Supp. 17a

Online Reference: FLWSUPP 2601SIDEInsurance — Property — Sinkhole damage — Civil procedure — Bifurcation — Motion to bifurcate trial into two parts addressing issues of whether structural damage existed and whether damage was caused by sinkhole activity excluded from coverage denied — Many of same witnesses will testify as to both issues, and insurer has failed to show that it will be prejudiced by trying issues together or that bifurcation would serve interests of judicial economy

26 Fla. L. Weekly Supp. 97a

Online Reference: FLWSUPP 2602ZABAInsurance — Homeowners — Final summary judgment is entered in favor of insurer on claim for supplemental hurricane damage where insured failed to comply with post-loss obligations to provide notice of loss and keep repair records — Insured’s initial notice of loss did not satisfy post-loss obligation to give immediate notice of alleged additional damage to property — Insurer was prejudiced by failure to give notice of alleged supplemental damage where insured claims to have repaired damage without maintaining any photographs of damage or record of repairs before giving notice to insurer, thereby depriving insurer of any ability to investigate claim

26 Fla. L. Weekly Supp. 93a

Online Reference: FLWSUPP 2602BEEBInsurance — Homeowners — Coverage — Conditions precedent — Insurer not entitled to summary judgment based on its affirmative defenses that plaintiff failed to comply with conditions precedent to suit, including filing of sworn proof of loss and immediate notice of loss, where genuine issue of material fact exists as to whether material breach occurred and whether insurer, that denied coverage on basis that residence did not sustain functional hail damage, was prejudiced

26 Fla. L. Weekly Supp. 45c

Online Reference: FLWSUPP 2601WATSInsurance — Homeowners — Coverage — Conditions precedent — Failure to comply — Dismissal required where insured failed to submit sworn proof of loss and failed to submit to requested examination under oath

26 Fla. L. Weekly Supp. 558b

Online Reference: FLWSUPP 2607DIXOInsurance — Homeowners — Dismissal — Fraud on court — Trial court’s dismissal of complaint for fraud on court is affirmed where plaintiff offered no evidence that technician was at insured’s home on days that humidity log indicated readings were taken, certificate of completion and satisfaction appeared to have been altered, and insurer presented credible evidence that not all services billed were actually performed — Trial court was not required to hold evidentiary hearing on motion to dismiss for fraud on court

26 Fla. L. Weekly Supp. 914a

Online Reference: FLWSUPP 2611COLLInsurance — Personal injury protection — Coverage — Medical expenses — Declaratory action brought by claimant injured while passenger in vehicle owned by her boyfriend seeking declaration as to whether she is owed coverage under boyfriend’s PIP policy or under policy covering vehicle that claimant co-owns with her father with whom she does not reside and on which she is not named insured — Fact that claimant is co-owner of insured vehicle for which she is not included as named insured does not exclude her from coverage as passenger in boyfriend’s vehicle — Insurer of vehicle co-owned by claimant and father is not required to extend coverage to claimant

26 Fla. L. Weekly Supp. 887a

Online Reference: FLWSUPP 2611PITTInsurance — Personal injury protection — Exclusions — Claimant who was not listed under policy and who was owner of motor vehicle in Florida for which security was required under No-Fault Law was specifically excluded from PIP coverage under policy at issue

26 Fla. L. Weekly Supp. 242a

Online Reference: FLWSUPP 2603WADDInsurance — Personal injury protection — Coverage — Vehicle owned by insured but not covered under PIP policy — Where claimant was injured while driving vehicle of which he was beneficial owner but not title owner, and claimant had not notified his PIP insurer of beneficial ownership of accident vehicle or added accident vehicle as insured vehicle under his policy, insurer does not owe PIP coverage for loss

26 Fla. L. Weekly Supp. 2a

Online Reference: FLWSUPP 2601AFFOInsurance — Homeowners — Coverage — Exclusions — Mold — Trial court erred in granting motion to dismiss by ruling on an ultimate fact in dispute regarding whether claim for mold testing services performed following water intrusion fell within policy’s mold exclusion — Remand for further proceedings