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Volume 26

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TAMPA BAY EMERGENCY PHYSICIANS, PL, a/a/o Shannon Hennion, Plaintiff, v. WINDHAVEN INSURANCE COMPANY, Defendant

26 Fla. L. Weekly Supp. 300b

Online Reference: FLWSUPP 2604HENNInsurance — Venue — Where insurer is domestic corporation, and medical provider alleged that insurer maintained agents or other representatives for transaction of its customary business in Volusia County but failed to allege that insurer has or usually keeps an office for transaction of its customary business in Volusia County, provider has not alleged sufficient facts to establish that venue is proper in Volusia County under its chosen basis of venue — Case dismissed without prejudice

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JEAN JOSEPH, Appellant, v. CITIZENS PROPERTY INSURANCE COMPANY, Appellee.

26 Fla. L. Weekly Supp. 556a

Online Reference: FLWSUPP 2607JJOSInsurance — Settlement — Payment not made within 20 days — Where insurer issued payment under agreement for settlement of claim within twenty days of execution of release, but check contained scrivener’s error in payee names, and corrected check was issued more than twenty days after execution of release, payment was not tendered within twenty-day period required by section 627.4265, and trial court erred in denying motion to enforce settlement and for interest, attorney’s fees, and costs

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AFFORDABLE INSPECTION SVCS, a/a/o Jennifer Martinez Gonzalez, Plaintiff, v. CITIZENS PROPERTY INS CORP, Defendant.

26 Fla. L. Weekly Supp. 985a

Online Reference: FLWSUPP 2612JGONInsurance — Property — Payment of claim within 90-day safe harbor period — No merit to insurer’s argument that it is entitled to summary judgment because it paid claim within 90-day safe harbor period provided in statute and policy where insurer paid claim more than 90 days after receipt of notice of claim — No merit to argument that 90-day period should run from date plaintiff notified insurer that it had received assignment of benefits from insured — Where insured initially filed claim and then assigned right to plaintiff, plaintiff stands in shoes of insured as to time period for payment

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