Volume 28

28 Fla. L. Weekly Supp. 239b

Online Reference: FLWSUPP 2803SLAS

Insurance — Personal injury protection — Complaint — Amendment — Motion to amend complaint following confession of judgment for full jurisdictional amount alleged in original complaint is denied — Motion to enforce confession of judgment is granted

28 Fla. L. Weekly Supp. 356a

Online Reference: FLWSUPP 2804KOPE

Insurance — Personal injury protection — Complaint — Amendment — Where insurer confessed judgment based on jurisdictional limits in original complaint, court lacks jurisdiction to grant medical provider’s motion to amend complaint to increase amount in controversy

28 Fla. L. Weekly Supp. 348a

Online Reference: FLWSUPP 2804PUEN

Insurance — Personal injury protection — Dismissal — Confession of judgment — Motions to dismiss, enforce confession of judgment, and enter final judgment are denied where insurer confessed judgment in amount less than upper limit of damages pled or unreduced policy limits, confession of judgment in response to original complaint was rendered nullity by fact that medical provider filed amended complaint as was its automatic right before insurer filed any responsive pleading to original complaint, and declaratory relief sought in amended complaint was not specifically related to damages sought in breach of contract count

28 Fla. L. Weekly Supp. 345a

Online Reference: FLWSUPP 2804JHERInsurance — Personal injury protection — Complaint — Amendment — Motion to amend complaint to correct amount in controversy following confession of judgment for amount alleged in original complaint is granted — Amount in controversy is merely allegation and is not dispositive of issue of damages, request to amend complaint is the first request by medical provider and comes early in litigation, and insurer did not tender payment until immediately before hearing on motion to amend that was held 90 days after it confessed judgment

28 Fla. L. Weekly Supp. 224a

Online Reference: FLWSUPP 2803DORE

Insurance — Homeowners — Coverage — Interior damage due to windstorms — Class action — Certification — Motion for certification of proposed class of insureds who submitted claims for interior damage to structure and/or contents and whose claims were denied on ground that there were no visible openings is denied — Court cannot reasonably ascertain if an insured is a member of proposed class where determination necessitates an individualized claims analysis — Inherently unique nature of windstorm claims also prevents plaintiffs from establishing numerosity and commonality — Due to insurer’s unique defenses to plaintiffs’ claim for contents and differences in letter denying plaintiffs’ claim and letters to other insureds containing similar terms, typicality is not established — Class certification as action for declaratory relief under rule 1.220(b)(2) is improper where declaratory relief is not primary relief requested — Plaintiffs have failed to establish commonality, predominance, and superiority requisites for class certification under rule 1.220(b)(3)

28 Fla. L. Weekly Supp. 548c

Online Reference: FLWSUPP 28062GLA

Insurance — Automobile — Windshield repair — Policy provision limiting insurer’s liability for windshield repair to prevailing competitive price means price that repair service would bring in competitive market, not price set in agreement between insurer and a particular provider or proposed rate not negotiated with any provider — Plaintiff repair shop met initial burden to establish prevailing competitive price and proved breach of contract claims

28 Fla. L. Weekly Supp. 548b

Online Reference: FLWSUPP 2806GLAS

Insurance — Automobile — Windshield repair — Evidence — Expert testimony — Proffered expert witness satisfies Daubert standard — Motion to preclude expert witness is denied

28 Fla. L. Weekly Supp. 427a

Online Reference: FLWSUPP 2805ALLI

Insurance — Claim form — MRI provider not required to place professional license number in Box 31 of HCFA form

28 Fla. L. Weekly Supp. 420a

Online Reference: FLWSUPP 2805CANN

Insurance — Automobile — Coverage — Conditions precedent — Examination under oath — Obligation to attend EUO as condition precedent to recovery of benefits remains with insured despite fact that she assigned benefits to windshield repair shop — No merit to argument that assignee should be allowed to attend EUO in lieu of insured

28 Fla. L. Weekly Supp. 6a

Online Reference: FLWSUPP 2801TAMI

Insurance — Automobile — All-risk policy — Coverage — Mechanical failure — Coverage for engine damage caused by contaminated diesel fuel was precluded by all-risk policy’s exclusion for mechanical breakdown or failure