Volume 28

28 Fla. L. Weekly Supp. 72a

Online Reference: FLWSUPP 2801JOHN

Insurance — Personal injury protection — Limitation of actions — Motion for rehearing of order dismissing hospital’s action against PIP insurer because complaint was filed after expiration of limitations period as measured from date of service is granted — Critical date for determining whether statute of limitations has run is date on which insurer breached its duty to pay, not date of service — Order granting motion to dismiss is set aside — Complaint does not allege date on which hospital submitted bill to insurer, and hospital, unlike other medical providers, is not required to submit bill within 35 days of date of service

28 Fla. L. Weekly Supp. 479b

Online Reference: FLWSUPP 2806EMAR

Insurance — Personal injury protection — Jurisdiction — Circuit court

28 Fla. L. Weekly Supp. 491a

Online Reference: FLWSUPP 2806DEAU

Insurance — Venue — Forum selection clause — Motion for reconsideration of predecessor judge’s denial of motion to dismiss based on mandatory forum selection clause is denied — Predecessor judge did not commit clear legal error or abuse discretion in finding that compelling reason exists not to enforce clause where enforcement would send claims against one insurer in multi-party litigation to New York, resulting in inconsistent and simultaneous interstate litigation

28 Fla. L. Weekly Supp. 323a

Online Reference: FLWSUPP 2804NGUY

Insurance — Reconsideration — Claim that medical provider failed to open emails containing links to insurer’s discovery response does not establish excusable neglect warranting reconsideration of, or relief from, judgment entered in favor of insurer based on exhaustion of policy limits

28 Fla. L. Weekly Supp. 60a

Online Reference: FLWSUPP 2801MERA

Insurance — Homeowners — Coverage — Summary judgment — Affidavit of insureds’ public adjuster is insufficient to preclude entry of summary judgment in favor of insurer that disputes that damage to insureds’ home was due to wind damage from hurricane where affidavit contains inconsistences as to address of property and dates of loss and inspection and is bereft of any discernable factually-based chain of underlying reasoning to support conclusory opinion that loss was caused by hurricane

28 Fla. L. Weekly Supp. 409a

Online Reference: FLWSUPP 2805PRID

Insurance — Homeowners — Coverage — Exhaustion of policy limits — Insurer that paid mold remediation claim up to policy limit of $10,000 fully satisfied its obligation under policy — Summary judgment is entered in favor of insurer

28 Fla. L. Weekly Supp. 332a

Online Reference: FLWSUPP 2804ELIT

Insurance — Homeowners — Coverage — Reasonable emergency measures — Where homeowners policy provides that insurer will not pay more than $3,000 for reasonable emergency measures to protect property from further damage unless insurer provides approval within 48 hours of receipt of request to exceed that limit, insurer fully satisfied its obligation by paying $3,000 to plaintiff that did not submit request to exceed policy limit — No merit to argument that insurer’s failure to respond within 48 hours of receipt of invoice for completed work entitles plaintiff to additional benefits under policy provision that allows insured to exceed $3,000 limit if insurer fails to respond to request to exceed limit within 48 hours

28 Fla. L. Weekly Supp. 303a

Online Reference: FLWSUPP 2804PACE

Insurance — Homeowners — Venue — Forum selection clause — Mandatory forum selection clause in assignment of benefits from insured to assignee does not govern venue for breach of contract action brought by assignee against insurer — Where there is no forum selection clause in insurance policy, venue is proper in county in which cause of action accrued, property is located, and insurer has business office — Motion to transfer venue is denied

28 Fla. L. Weekly Supp. 237a

Online Reference: FLWSUPP 2803CATA

Insurance — Homeowners — Where insured’s assignee met initial burden to prove that all-risk policy was in effect at time of loss, and insurer that denied coverage met burden to prove that loss fell within policy exclusion for damage caused by rain, burden of proof shifted back to assignee to prove that loss fell under exception to exclusion by establishing that rain entered home through peril-created opening — Because assignee failed to present any evidence that would create genuine issue of material fact as to existence of peril-created opening in roof, summary judgment is entered in favor of insurer

28 Fla. L. Weekly Supp. 308a

Online Reference: FLWSUPP 2804SPEE

Insurance — Property — Coverage — Based on property owner’s deposition testimony that leak in closet at rental property persisted over five months and caused mold, claim falls squarely under policy exclusions for leakage of water that occurs over a period of time and fungus