Volume 28

28 Fla. L. Weekly Supp. 544b

Online Reference: FLWSUPP 2806IKON

Insurance — Property — Coverage — Insurer did not breach policy by denying coverage where policy unambiguously excluded coverage for loss caused directly or indirectly by any type of fungus, mold, mildew or wet rot, and it was undisputed that loss was caused by mold, mildew, fungi or wet rot

28 Fla. L. Weekly Supp. 217a

Online Reference: FLWSUPP 2803LORE

Insurance — Mortgage protection — Standing — Third-party beneficiaries — Mortgagors do not have standing to bring claim for damages against insurer as third-party beneficiaries of lender-placed mortgage protection insurance policy where policy specifically excludes coverage for any interest that mortgagors may have in property — Having insurable interest in property is insufficient to provide mortgagors with standing to pursue claim under policy as intended third-party beneficiaries where policy language demonstrates contrary intent — Motion to dismiss is granted

28 Fla. L. Weekly Supp. 240a

Online Reference: FLWSUPP 2803ASAP

Insurance — Coverage — Burden of proof — Policy — Discussion regarding differences between “all-risks” and “named perils” policies — Policy at issue is an “all-risk policy” where the covered perils are not named, but are instead defined by what is not covered — “Naming” perils by saying what they are not does not trigger “named peril” burden — Plaintiff is entitled to summary judgment on issue of coverage where insurer failed to allege an exclusion to all-risk policy as required

28 Fla. L. Weekly Supp. 331b

Online Reference: FLWSUPP 2804MONT

Insurance — Personal injury protection — Discovery — Motion to compel production of medical records that do not pertain to medical provider’s assignor is denied — Pursuant to order to provide underwriting materials for “subject policy,” insurer must produce materials for policy under which claim was filed irrespective of whether it provides PIP coverage — Failure to comply — Sanctions — Where privilege log filed by insurer in response to request that it produce items for inspection claimed privilege for items that do not exist, and improper privilege log caused unnecessary litigation, motion for sanctions for fraud on court is granted

28 Fla. L. Weekly Supp. 88b

Online Reference: FLWSUPP 2801GOOC

Insurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Where insurer that asserted exhaustion of benefits defense failed to produce requested PIP log that would reveal whether gratuitous payments had been made, sanctions are awarded in favor of medical provider notwithstanding fact that, once produced, log showed that benefits had been properly exhausted without any gratuitous payments

28 Fla. L. Weekly Supp. 34a

Online Reference: FLWSUPP 2801STOC

Insurance — Homeowners — Discovery — Failure to comply — Sanctions — Insurer’s answer and affirmative defenses are stricken, and default judgment is entered in favor of insureds where insurer has committed numerous discovery violations, intentionally failed to meet court-imposed deadlines, refused to comply with court-ordered sanctions, and exhibited abusive behavior toward witnesses, opposing counsel and court

28 Fla. L. Weekly Supp. 349a

Online Reference: FLWSUPP 2804SHUS

Insurance — Personal injury protection — Discovery — Medical provider lacks standing to compel production of insured’s application for insurance and deductible election form

28 Fla. L. Weekly Supp. 322b

Online Reference: FLWSUPP 2804NOZI

Insurance — Personal injury protection — Discovery — Medical provider lacks standing to compel production of insured’s application for insurance and deductible election form

28 Fla. L. Weekly Supp. 419a

Online Reference: FLWSUPP 2805ESTR

Insurance — Discovery — Failure to comply — Sanctions

28 Fla. L. Weekly Supp. 354a

Online Reference: FLWSUPP 2804STEV

Insurance — Personal injury protection — Evidence — Medical provider’s motion in limine seeking to exclude documents insurer failed or refused to timely provide during pretrial discovery, including documents necessary to support insurer’s affirmative defense that it had fully complied with its contractual obligations regarding payments due under policy — Motion granted