Volume 27

27 Fla. L. Weekly Supp. 831a

Online Reference: FLWSUPP 2709DSInsurance — Standing — Assignment — Document that assigns “benefits of insurance” to medical provider is valid assignment — Insurer may not attack validity of assignment

27 Fla. L. Weekly Supp. 620a

Online Reference: FLWSUPP 2707MCCAInsurance — Homeowners — Insureds’ assignment of benefits to repair service for repairs to insureds’ homestead property did not violate homestead protection provisions of Florida Constitution — Insurer’s motion to dismiss assignee’s action against it and alternative motion for summary judgment are denied

27 Fla. L. Weekly Supp. 360a

Online Reference: FLWSUPP 2704RUIZInsurance — Appraisal — Disinterested appraiser — Financial interest in outcome — Insured’s selected appraiser was not disinterested as mandated by the policy where appraiser’s employer was entitled to receive a percentage of the appraisal award pursuant to a contingency agreement between appraiser’s employer and the insured — One who has a direct financial interest in the outcome of a case is, by definition, not “disinterested” — Court is convinced that previous appellate court decisions which held that a “contingent fee-appraiser” was qualified have been called into question by subsequent material changes to the Code of Ethics for Arbitrators in Commercial Disputes, which the prior holdings heavily relied upon

27 Fla. L. Weekly Supp. 682a

Online Reference: FLWSUPP 2708OCONInsurance — Automobile — Windshield repair — Appraisal — Trial court erred in denying motion to compel appraisal of claim for windshield repair on ground that request for appraisal was unclear or ineffective because it was accompanied by check for amount insurer deemed to be appropriate for services rendered — Motion to compel appraisal should have been granted where valid appraisal agreement exists, disagreement as to amount of reimbursement raises appraisable issue, and insurer did not waive appraisal rights by sending check for claim while invoking appraisal rights prior to litigation

27 Fla. L. Weekly Supp. 674b

Online Reference: FLWSUPP 2708MCGICriminal law — Stalking — State presented sufficient evidence to permit jury to find that defendant willfully, maliciously, and repeatedly followed or harassed the victim — Trial court, in granting defendant’s post-verdict motion for judgment of acquittal, applied wrong standard when it failed to view evidence in light most favorable to state — Remand for reinstatement of jury verdict of guilty and for sentencing

27 Fla. L. Weekly Supp. 736a

Online Reference: FLWSUPP 2708HAMMInsurance — Automobile — Windshield repair — Appraisal — Motion to dismiss repair shop’s complaint or to compel appraisal is denied — Appraisal provision in insurance policy violates public policy by purporting to eliminate plaintiff’s right to recover attorney’s fees and costs — Provision is invalid and unenforceable due to lack of procedures and methodologies governing appraisal process and determinations of appraisers and umpire — Even if provision were valid and enforceable, insurer waived right to compel appraisal by seeking to dismiss suit due to lack of standing, which position is inconsistent with appraisal remedy — Even if insurer did not waive right to compel appraisal, disputed factual issues regarding whether assignor of repair shop who is not named insured knowingly and voluntarily waived right to access to courts and whether appraisal provision violates prohibitive cost doctrine prevent court from compelling appraisal before discovery and evidentiary hearing on those issues

27 Fla. L. Weekly Supp. 773c

Online Reference: FLWSUPP 2708LAVOInsurance — Automobile — Appraisal — Prohibitive cost doctrine — Inability of plaintiff to pay costs of appraisal can be element of invoking prohibitive cost doctrine, but it is not necessary element — Where plaintiff has demonstrated that differential between relatively small amount of liquidated damages and significantly higher costs of appraisal would act as deterrent to bringing claim, evidence is sufficient for plaintiff to invoke prohibitive cost doctrine as defense to motion to compel appraisal

27 Fla. L. Weekly Supp. 754a

Online Reference: FLWSUPP 2708LINAInsurance — Automobile — Appraisal — Prohibitive cost doctrine — Inability of plaintiff to pay costs of appraisal can be element of invoking prohibitive cost doctrine, but it is not necessary element

27 Fla. L. Weekly Supp. 743a

Online Reference: FLWSUPP 2708ENRIInsurance — 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. 489b

Online Reference: FLWSUPP 2705FERNInsurance — Automobile — Windshield replacement — Appraisal — Motion to abate and compel appraisal of cost of windshield replacement is granted where appraisal clause is clear and unambiguous and provides simple informal appraisal process, issues are appropriate for appraisal, and insurer has not waived right to appraisal — Appraisal does not violate prohibitive cost doctrine