Volume 27

27 Fla. L. Weekly Supp. 325a

Online Reference: FLWSUPP 2703STEWInsurance — Automobile — Windshield repair — Appraisal — Prohibitive cost doctrine — Windshield repair shop is entitled to evidentiary hearing on applicability of prohibitive cost doctrine to insurer’s request for appraisal — Insurer is estopped from arguing against shop’s request for hearing where insurer has successfully argued in other cases that evidentiary hearing was required

27 Fla. L. Weekly Supp. 314a

Online Reference: FLWSUPP 2703CARBInsurance — 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 issues of 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. 71a

Online Reference: FLWSUPP 2701DRAPInsurance — Personal injury protection — Application — Misrepresentations — PIP policy application requesting “names of all drivers in household, names of all children and all persons that use vehicles” is ambiguous — Where insured did not list household resident who has never been driver of vehicle, but did place insurer on notice of unlisted household resident by electing deducible for named insured and dependent resident relatives, insurer cannot rely on omission to rescind policy — Insurer breached policy where it notified medical provider of coverage investigation under section 627.736(4)(i) but failed to pay claim within allotted additional 60 days — Rescission — Policy was not properly rescinded where insurer returned premiums 120 days after it learned of alleged misrepresentation but did not return policy fees until 694 days later and never paid interest on premiums and fees

27 Fla. L. Weekly Supp. 1046a

Online Reference: FLWSUPP 2712ACELInsurance — Personal injury protection — Coverage — Application — Material misrepresentation defense fails where application was ambiguous as to whether insured was required to disclose adult household resident who did not hold driver’s license and had never driven insured vehicle — Ambiguity could not be overcome by assertion that insurance agent explained to insured that he was required to list all persons in his household who are 15 years of age or older, whether licensed or not

27 Fla. L. Weekly Supp. 1040a

Online Reference: FLWSUPP 2712GARCInsurance — Personal injury protection — Coverage — Application — Material misrepresentation defense fails where application was ambiguous as to whether insured was required to disclose adult household resident who did not hold driver’s license and had never driven insured vehicle — Ambiguity could not be overcome by assertion that insurance agent explained to insured that she was required to disclose anyone living at the same address 14 years or older

27 Fla. L. Weekly Supp. 753a

Online Reference: FLWSUPP 2708ACELInsurance — Personal injury protection — Coverage — Application — Material misrepresentation defense fails where application was ambiguous as to whether insured was required to disclose adult household resident who did not hold driver’s license and had never driven insured vehicle — Ambiguity could not be overcome by assertion that insurance agent explained to insured that he was required to disclose all persons in household age 15 or older whether licensed or not

27 Fla. L. Weekly Supp. 392a

Online Reference: FLWSUPP 2704BLOOInsurance — Personal injury protection — Coverage — Denial — Waiver — Insurer waived the ability to investigate or deny claim based on insured’s alleged material misrepresentation because defendant violated PIP statute by failing to pay or deny the claim within 30 days and did not invoke the additional time limitation under section 627.736(4)(i)

27 Fla. L. Weekly Supp. 391a

Online Reference: FLWSUPP 2704CORBInsurance — Personal injury protection — Coverage — Affirmative defenses — Material misrepresentations on application — Materiality — Marital status and garaging address — Listing of marital status as “single,” per agent’s instruction after insured told agent she was “separated” was not a material misrepresentation in and of itself — Claim that garaging location was misrepresented was refuted by insured’s undisputed sworn testimony — Further, insurer was itself in breach of policy at time it denied claims because it failed to notify claimant in writing within 30 days of date of claim that they were investigating the claim for fraud and failed to pay or deny claim within 90 days of claim being initiated — Plaintiff’s motion for partial summary judgment granted

27 Fla. L. Weekly Supp. 906b

Online Reference: FLWSUPP 2710CHAVInsurance — Personal injury protection — Rescission — Misrepresentation on application — Insurer did not properly rescind policy based on alleged material misrepresentation in insurance application where insurer did not notify claimant in writing within 30 days of submission of claim that claim was being investigated for suspected fraud — Even if insurer provided timely notice as required by statute, insurer failed to pay or deny the claim at the end of 90-day extended period

27 Fla. L. Weekly Supp. 979a

Online Reference: FLWSUPP 2711MONTInsurance — Personal injury protection — Application — Misrepresentations — Where PIP policy application requests information for “Drivers,” insured was not required to disclose household member who did not drive insured vehicle — Insurer may not rely on premium quote documents in support of claim that disclosure of additional household member would have resulted in increased premium where insurer claimed that documents were privileged during discovery — Absent quote documents, there is no evidence that disclosure of household member would have resulted in higher premium — Where insurer violated PIP statute by failing to pay or deny claim within 30 days, and did not invoke additional time available under section 627.736(4)(i), insurer waived ability to investigate or deny claim based on alleged material misrepresentation