Volume 27

27 Fla. L. Weekly Supp. 882a

Online Reference: FLWSUPP 2710SANTInsurance — Appraisal — Disinterested appraiser — Neither public adjuster who was hired as loss consultant for plaintiffs and produced estimate for plaintiffs prior to invocation of appraisal nor anyone affiliated with adjuster’s firm satisfy policy appraisal provision’s requirement for disinterested appraiser

27 Fla. L. Weekly Supp. 954a

Online Reference: FLWSUPP 2711GAINInsurance — Homeowners — Additional named insured under homeowners policy is not indispensable party to action concerning payment of benefits under policy

27 Fla. L. Weekly Supp. 1018a

Online Reference: FLWSUPP 2712BASCInsurance — Homeowners — Coverage — Affidavit and report of insured’s expert is insufficient to preclude entry of summary judgment in favor of insurer that denied coverage for alleged windstorm damage to roof where affidavit and report, which are conclusory and lack any supporting evidence or tests performed to support conclusions, fail to meet admissibility standards outlined in Gonzalez v. Citizens Property Insurance Corporation

27 Fla. L. Weekly Supp. 179a

Online Reference: FLWSUPP 2702MCHEInsurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Pending discovery is not cause to allow extension of time for medical provider to respond to proposal for settlement

27 Fla. L. Weekly Supp. 293b

Online Reference: FLWSUPP 2703QUINInsurance — Attorney’s fees — Proposal for settlement — Motion for enlargement of time to respond to insurer’s proposal for settlement beyond 30-day period provided in rule is denied

27 Fla. L. Weekly Supp. 533a

Online Reference: FLWSUPP 2706BELLInsurance — Homeowners — Attorney’s fees — Prevailing party — Where insurer made no payment on insured’s claim because it valued damage to home at less than amount of deductible, insurer was unaware of any dispute as to valuation of damage until insured filed suit, and once suit was filed insurer invoked appraisal process and paid amount of appraised damage less deductible, insurer neither breached policy nor made confession of judgment — Insured’s motion for attorney’s fees and costs is denied

27 Fla. L. Weekly Supp. 557a

Online Reference: FLWSUPP 2706MCKIAttorney’s fees — Insurance — Prevailing party — Amount

27 Fla. L. Weekly Supp. 925b

Online Reference: FLWSUPP 2711FELDInsurance — Personal injury protection — Attorney’s fees — Attorney who was discharged by medical provider before suit for PIP benefits was filed may not recover attorney’s fees against insurer who ultimately settled suit with provider — Section 627.428 precludes recovery of pre-suit fees, insurer did not act unreasonably so as to justify award of pre-suit fees, and charging lien does not compel insurer to pay pre-suit fees when attorney’s work did not produce positive result for provider

27 Fla. L. Weekly Supp. 400a

Online Reference: FLWSUPP 2704WELCInsurance — Personal injury protection — Attorney’s fees — Proposal for settlement is not valid where complaint alleged both monetary and non-monetary claims — Although medical provider did not formally plead claim for declaratory judgment, allegations of complaint indisputably demonstrate that provider was seeking declaration of its rights under statutory provisions allegedly violated by PIP insurer, and claim for declaration of rights was not subsumed within breach of contract claim — Ambiguity — Proposal language requiring provider to “fully settle and dismiss all direct claims and causes of action pled by or available to plaintiff” is ambiguous where language could extinguish provider’s right to any portion of recovery in insured’s bodily injury suit — Further, nominal proposal was not made in good faith where issue of whether exhaustion of benefits after making a reduced payment that is later determined to be unlawful was proper was being hotly litigated at time insurer made offer, so that insurer only had 50% chance of prevailing on this issue at time of offer — Insurer’s motion for entitlement to attorney’s fees is denied

27 Fla. L. Weekly Supp. 648b

Online Reference: FLWSUPP 2707PORTInsurance — Discovery — Depositions — Protective order