Volume 27

27 Fla. L. Weekly Supp. 1043a

Online Reference: FLWSUPP 2712MILLInsurance — Automobile — Windshield repair — Appraisal — Prohibitive cost doctrine — Where repair shop contests insurer’s motion to compel appraisal of windshield repair claim on grounds of prohibitive cost doctrine, evidentiary hearing is required on shop’s ability to pay appraisal fees and costs, expected cost differential between appraisal and litigation, and whether cost differential is so substantial as to deter bringing claims

27 Fla. L. Weekly Supp. 1042b

Online Reference: FLWSUPP 2712KARLInsurance — Automobile — Appraisal — Prohibitive cost doctrine — Where plaintiff contests insurer’s motion to compel appraisal of claim on grounds of prohibitive cost doctrine, evidentiary hearing is required on plaintiff’s ability to pay appraisal fees and costs, expected cost differential between appraisal and litigation, and whether cost differential is so substantial as to deter bringing claims

27 Fla. L. Weekly Supp. 1042a

Online Reference: FLWSUPP 2712THOMInsurance — Automobile — Windshield repair — Appraisal — Prohibitive cost doctrine — Where repair shop contests insurer’s motion to compel appraisal of windshield repair claim on grounds of prohibitive cost doctrine, evidentiary hearing is required on shop’s ability to pay appraisal fees and costs, expected cost differential between appraisal and litigation, and whether cost differential is so substantial as to deter bringing claims

27 Fla. L. Weekly Supp. 654a

Online Reference: FLWSUPP 2707CRODInsurance — Automobile — Coverage — Rescission — Where insurer’s underwriting manual authorized policy recission if risk was materially misrepresented and unacceptable by rules of manual, insurer was not permitted to rescind policy of insured who failed to disclose new address that would have necessitated additional premium, but which did not constitute unacceptable risk or violate rules of underwriting manual

27 Fla. L. Weekly Supp. 452a

Online Reference: FLWSUPP 2705ZEROInsurance — Automobile — Repairs — Trial court properly rendered final judgment in favor of insurer following non-jury trial in breach of contract action brought by repair shop/assignee after concluding that plaintiff failed to prove breach of contract or damages

27 Fla. L. Weekly Supp. 647b

Online Reference: FLWSUPP 2707KAUFInsurance — Automobile — Windshield repair — Appraisal — Plaintiff seeking declaration that appraisal in context of windshield repair claim violates prohibitive cost doctrine — Evidentiary hearing to be conducted on issues of plaintiff’s ability to pay appraisal fees and costs, expected cost differential between appraisal and litigation, and whether cost differential is so substantial as to deter bringing of claims

27 Fla. L. Weekly Supp. 66a

Online Reference: FLWSUPP 2701NBROInsurance — Attorney’s fees — Sanctions award — Amount

27 Fla. L. Weekly Supp. 232b

Online Reference: FLWSUPP 2703REGOInsurance — Attorney’s fees — Proposal for settlement — Error to deny motion for attorney’s fees on ground that proposal for settlement did not strictly comply with rule 1.442 — Proposal is unambiguous and, therefore, enforceable

27 Fla. L. Weekly Supp. 301a

Online Reference: FLWSUPP 2703NEWInsurance — Attorney’s fees — Proposal for settlement — Striking — Proposal for settlement is not ambiguous for specifying one amount for damages and one amount for attorney’s fees — Court does not have authority to strike proposal that is not a pleading

27 Fla. L. Weekly Supp. 156a

Online Reference: FLWSUPP 2702YEARInsurance — Property — Appraisal — Disinterested appraiser — Public adjuster whose employer was retained on contingent fee basis by insureds, provided initial public adjustment of claim on behalf of insureds, and has fiduciary relationship with insureds as result of contract is not “disinterested” appraiser as required by policy