Volume 28

28 Fla. L. Weekly Supp. 509a

Online Reference: FLWSUPP 2806ETSC

Insurance — Automobile — Personal injury protection — Application — Misrepresentations — Materiality — Policy was properly rescinded, and therefore void ab initio, based on insured’s failure to disclose his girlfriend as household member

28 Fla. L. Weekly Supp. 346a

Online Reference: FLWSUPP 2804ROBE

Insurance — Automobile — Application — Misrepresentations — Action for declaratory relief challenging rescission of policy for failure to disclose household member on application and seeking declaration that insured is entitled to PIP and property damage coverage — Materiality — Insurer was entitled to rescind policy based on insured’s failure to disclose that she lived with her brother where insured failed to contradict insurer’s claim that this disclosure would have caused insurer to issue policy at higher premium rate, misrepresentation — Insurer was not required to provide an affidavit in addition to deposition testimony to establish the materiality of misrepresentation — Instruction to provide information for “all persons age 14 or older residing with Applicant (licensed or not)” unambiguously required insured to disclose brother

28 Fla. L. Weekly Supp. 473b

Online Reference: FLWSUPP 2806OPEN

Insurance — Appeals — Stay — Motion to stay appeal pending Florida Supreme Court decision is denied where policies at issue in cases are distinguishable

28 Fla. L. Weekly Supp. 473a

Online Reference: FLWSUPP 2806STAS

Insurance — Appeals — Stay — Motion to stay appeal pending Florida Supreme Court decision is denied, as policies at issue in cases are distinguishable

28 Fla. L. Weekly Supp. 454a

Online Reference: FLWSUPP 2806ARZU

Insurance — Personal injury protection — Appeals — Non-final orders — Order granting motion to amend complaint to include claim for bad faith is not reviewable by certiorari where order does not result in irreparable harm that cannot be addressed on plenary appeal — No merit to argument that order departed from essential requirements of law because it was entered after insurer confessed judgment — Confession of judgment did not moot amount of damages that could be awarded to medical provider

28 Fla. L. Weekly Supp. 375a

Online Reference: FLWSUPP 2805MGON

Insurance — Personal injury protection — Coverage — Medical expenses — Accord and satisfaction — Reasonableness of charges — Trial court correctly rejected insurer’s accord and satisfaction defense, ruling that insurer’s partial payment did not meet the elements of accord and satisfaction under either common law or the Uniform Commercial Code — Trial court abused its discretion by excluding insurer’s conflicting affidavit on whether medical bills at issue were reasonable in price — Taking excluded affidavit into account, it was error to grant summary judgment on issue of reasonableness

28 Fla. L. Weekly Supp. 374a

Online Reference: FLWSUPP 2805RUIZ

Insurance — Personal injury protection — Coverage — Medical expenses — Accord and satisfaction — Reasonableness of charges — Trial court correctly rejected insurer’s accord and satisfaction defense, ruling that insurer’s partial payment did not meet the elements of accord and satisfaction under either common law or the Uniform Commercial Code — Trial court abused its discretion by excluding insurer’s conflicting affidavit on whether medical bills at issue were reasonable in price — Taking excluded affidavit into account, it was error to grant summary judgment on issue of reasonableness

28 Fla. L. Weekly Supp. 277a

Online Reference: FLWSUPP 2804RAMO

Insurance — Personal injury protection — Affirmative defenses — Accord and satisfaction — Where there was no dispute regarding amount of medical provider’s bill prior to insurer’s having issued check for partial payment, there could be no common law accord and satisfaction — Conspicuous statement — Check for partial payment did not contain conspicuous statement required for statutory accord and satisfaction where check included phrase stating that it was full and final payment of PIP benefits in all capitals on payee line, but phrase is not set off from other text by heading, size, type, font, color or symbols — Trial court correctly found that partial payment was not accord and satisfaction