Volume 26

26 Fla. L. Weekly Supp. 976a

Online Reference: FLWSUPP 2612ARIKInsurance — Automobile — Windshield repair or replacement — Discovery — Depositions — Trade secrets — Insurer’s corporate representative is ordered to answer questions relating to methodology used by insurer to determine “price we can secure” and “prevailing competitive price” — Court will conduct in camera inspection of documents claimed to constitute trade secret

26 Fla. L. Weekly Supp. 779a

Online Reference: FLWSUPP 2609RICCInsurance — Automobile — Windshield repair — Partial summary judgment is entered in favor of plaintiff on issue of whether plaintiff is competent and conveniently located repair facility within meaning of policy’s limit of liability clause

26 Fla. L. Weekly Supp. 165b

Online Reference: FLWSUPP 2603WALSInsurance — Automobile — Coverage — Trial court did not err in granting insurer’s motion for summary judgment in action brought by assignee/repair facility seeking payment in excess of the amount stated in written estimate obtained by insurer where policy had provision requiring approval for any estimates submitted by insured or third party and provided the insured an opportunity to contact the insurer if insured could not find a repair shop that would perform the repair work for the amount stated in insurer’s estimate

26 Fla. L. Weekly Supp. 141a

Online Reference: FLWSUPP 2602SMIKInsurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Insurer’s renewed motion for entitlement to attorney’s fees and to tax costs granted — Facts and circumstances surrounding insurer’s nominal offer demonstrate that, at time offer was made, insurer had reasonable basis to conclude that its exposure was nominal

26 Fla. L. Weekly Supp. 588b

Online Reference: FLWSUPP 2607JFERInsurance — Declaratory actions — Attorney’s fees — Proposal for settlement statute is not applicable to actions seeking non-monetary relief — Proposal is stricken

26 Fla. L. Weekly Supp. 589b

Online Reference: FLWSUPP 2607BRUCInsurance — Attorney’s fees — Proposal for settlement — Although medical provider’s complaint sought both equitable relief and non-equitable relief, where true relief sought was money damages, proposal for settlement statute is applicable

26 Fla. L. Weekly Supp. 744a

Online Reference: FLWSUPP 2609MILLInsurance — Uninsured motorist — Bad faith claim — Attorney’s fees — Insured who was subject to jury award exceeding policy limits on claim for UM benefits and thereafter settled claim for bad faith against insurer is not entitled to attorney’s fees for time spent in furtherance of underlying action for UM benefits — Insured is not entitled to recover attorney’s fees for time spent litigating amount of fees to be awarded

26 Fla. L. Weekly Supp. 982a

Online Reference: FLWSUPP 2612COR2Insurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Good faith offer — Minimal offer was made in good faith where insurer had reasonable belief that its liability for benefits to insured who failed to appear at two examinations under oath would be nominal — Insurer is entitled to award of attorney’s fees and costs

26 Fla. L. Weekly Supp. 414b

Online Reference: FLWSUPP 2605TUNCInsurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Nominal offer for settlement was made in good faith where insurer had reasonable basis to conclude that its exposure was nominal in suit challenging whether policy language allowed insurer to limit reimbursement pursuant to statutory fee schedules

26 Fla. L. Weekly Supp. 229a

Online Reference: FLWSUPP 2603HOLLInsurance — Personal injury protection — Attorney’s fees — Where insurer confessed judgment as to medical provider’s entitlement to penalty and postage, provider is entitled to award of attorney’s fees under section 627.428 — Even under case law holding that to be entitled to award of fees under section 627.428 a party must obtain PIP benefits that are provided for in PIP policy, provider is entitled to award of fees where PIP policy at issue makes payment of penalty a PIP benefit