Volume 28

28 Fla. L. Weekly Supp. 156b

Online Reference: FLWSUPP 2802OLEC

Insurance — Attorney’s fees — Amount

28 Fla. L. Weekly Supp. 340a

Online Reference: FLWSUPP 2804FATH

Attorney’s fees — Insurance — Property — Assignee of post-loss property insurance claim filed after enactment of section 627.7152(10) may recover attorney’s fees only under section 57.105 — Date that suit was filed, not date that assignment was signed, determines applicability of statute

28 Fla. L. Weekly Supp. 524b

Online Reference: FLWSUPP 2806MART

Insurance — Personal injury protection — Standing — Assignment — Insurer waived any right to contest medical provider’s standing based on provider’s failure to attach valid assignment of benefits to demand letter where insurer did not apprise provider of alleged deficiency in assignment when it received demand letter, but instead issued payment for additional benefits and interest — Assignment correctly identifies sole owner of medical provider

28 Fla. L. Weekly Supp. 327a

Online Reference: FLWSUPP 2804WATE

Insurance — Property — Standing — Action by assignee of property owner against insurer that issued policy to mortgagee of property — Assignee who is not named insured can only proceed in action against insurer as third-party beneficiary of policy — Assignee is not omnibus insured under policy — Count 1 of complaint is dismissed where assignee is not named insured or omnibus insured and has not plead that it is third-party beneficiary of policy — Alternative count asserting claim of implied equitable assignment of benefits is dismissed — Assignee’s action based on executed assignment of benefits precludes it from seeking equitable relief

28 Fla. L. Weekly Supp. 552a

Online Reference: FLWSUPP 2806BENN

Insurance — Res judicata — Insured’s voluntary dismissal of previous suit against insurer, to which medical provider that is assignee of insured was not party, does not bar provider’s suit against insurer

28 Fla. L. Weekly Supp. 215b

Online Reference: FLWSUPP 2803KIDZ

Arbitration — Arbitrable issues — Insurance — Insurer’s motion to compel arbitration in action brought by medical provider seeking compensation for services provided to insureds after insurer terminated agreement with provider is denied — Court has jurisdiction to determine arbitrability of dispute where parties’ agreement does not include clear and unmistakable evidence of agreement to submit arbitrability question to arbitrator — No merit to insurer’s claim that arbitration clause in terminated agreement requires arbitration of claims notwithstanding fact that dispute arose after termination of agreement and claims were not related to agreement

28 Fla. L. Weekly Supp. 427b

Online Reference: FLWSUPP 2805RUDO

Insurance — Automobile — Windshield repair — Appraisal — Where valid written agreement for appraisal exists and has not been waived, and issue in matter is amount of loss, compliance with appraisal provision is mandatory condition precedent to suit — If appraiser is found to be partial, correct course of action is to permit appointment of another appraiser, not to invalidate appraisal provision — Prohibitive cost doctrine is not applicable — Motion to dismiss is granted

28 Fla. L. Weekly Supp. 425b

Online Reference: FLWSUPP 2805FLEU

Insurance — Automobile — Windshield replacement — Appraisal — Clear and unambiguous policy provision that provides simple and informal appraisal process for windshield replacement and was not waived by insurer is enforceable against assignee of insured — Prohibitive cost doctrine is inapplicable to breach of contract action — Motion to compel appraisal is granted

28 Fla. L. Weekly Supp. 422a

Online Reference: FLWSUPP 2805QUIN

Insurance — Automobile — Windshield replacement — Appraisal — Clear and unambiguous policy provision that provides simple and informal appraisal process for windshield replacement is enforceable against assignee of insured — Prohibitive cost doctrine does not preclude appraisal where it has not been shown that cost of appraisal is prohibitively expensive as compared to cost of litigation — Motion to dismiss is granted

28 Fla. L. Weekly Supp. 411a

Online Reference: FLWSUPP 2805PECO

Insurance — Automobile — Windshield replacement — Appraisal — Clear and unambiguous policy provision that provides simple and informal appraisal process for windshield replacement and was not waived by insurer is enforceable against assignee of insured — Prohibitive cost doctrine — Appraisal process is not invalid under prohibitive cost doctrine where process is not prohibitively costly and it has not been shown that any statutory right would not be vindicated by going through process — Motion to compel appraisal is granted