Volume 27

27 Fla. L. Weekly Supp. 863a

Online Reference: FLWSUPP 2710MARRInsurance — Appeals — Absent transcript of hearing on motion for summary judgment, appellate court cannot determine whether issue raised on appeal was presented to trial court — Affirmance is required

27 Fla. L. Weekly Supp. 132a

Online Reference: FLWSUPP 2702HINCInsurance — Personal injury protection — Appeals — Timeliness — Appeal filed more than thirty days after entry of final judgment is dismissed for lack of jurisdiction

27 Fla. L. Weekly Supp. 35a

Online Reference: FLWSUPP 2701PRUDInsurance — Appeals — Supplemental authority — Response — Rule 9.225 does not permit filing of response to notice of supplemental authority

27 Fla. L. Weekly Supp. 130b

Online Reference: FLWSUPP 2702ACEVInsurance — Personal injury protection — Coverage — Lawfully rendered services — Appeals — Cross-appeals — Interlocutory order denying summary judgment on insurer’s affirmative defense of unlawfulness that was entered prior to entirely favorable summary judgment in favor of insurer may be cross — appealed by insurer — Insurer may raise defense that medical provider’s license was unlawful under licensing statute and, therefore, provider is statutorily barred from seeking reimbursement for services rendered

27 Fla. L. Weekly Supp. 990a

Online Reference: FLWSUPP 2712GRIMInsurance — Automobile — Windshield repair — Appraisal — Appeals — Certiorari — Petition for writ of certiorari challenging trial court’s order abating action for 120 days in order for parties to engage in appraisal process is denied — Added time and expense of engaging in perhaps unnecessary and inappropriate appraisal does not rise to level of irreparable harm that justifies certiorari review — Trial court’s dismissal of count for declaratory relief does not result in irreparable harm where repair shop may yet prevail in some aspect of case that would render dismissal of action for declaratory relief moot

27 Fla. L. Weekly Supp. 383b

Online Reference: FLWSUPP 2704SMITInsurance — Personal injury protection — Application — Misrepresentations — Agency relationship between producer and insurer — Clear agency relationship between producer and insurer was established where PIP insurer provided blank applications, a manual, and underwriting guidelines to producer in order for him to sell insurance to insured; insurer accepted business from producer once producer and insured signed application for its insurance; producer was assigned producer code that appeared on insured’s application; and no limitations as to producer’s authority were announced to insured

27 Fla. L. Weekly Supp. 425a

Online Reference: FLWSUPP 2704CLUCInsurance — Personal injury protection — Affirmative defenses — Accord and satisfaction — Insurer’s check for reduced payment of bills with notation that it was “full and final” did not effect accord and satisfaction where there was nothing in record indicating existence of preexisting dispute between parties — Further, “full and final” language on check in same size as surrounding text and not distinguished by contrasting type, font, or color does not amount to conspicuous statement — Provider’s motion for final summary judgment on defense is granted

27 Fla. L. Weekly Supp. 798e

Online Reference: FLWSUPP 2709CROSInsurance — Homeowners — Accord and satisfaction — Trial court erred in entering summary disposition in favor of insurer based on accord and satisfaction where insurer’s letter stating that payment had been limited to policy limit for mitigation costs because insurer was not notified of estimated mitigation costs and did not receive request to exceed policy limit was not clear and unequivocal expression of intent to discharge claim by subsequent endorsement of check for policy limit, and neither check nor letter contained conspicuous language