Volume 28

28 Fla. L. Weekly Supp. 536a

Online Reference: FLWSUPP 2806SOTO

Insurance — Property — Declaratory action against Citizens Property Insurance Corporation seeking declaration on coverage for benefits is not barred by Citizens’ statutory sovereign immunity

28 Fla. L. Weekly Supp. 398a

Online Reference: FLWSUPP 2805DANY

Insurance — MedPay — Subrogation — Declaratory action brought by insureds against whom insurer is asserting claim of subrogation for repayment of MedPay benefits from proceeds of settlement with tortfeasor — Where contractual subrogation language does not expressly, clearly, and unequivocally address priority of reimbursement between insurer and insureds, common law made whole doctrine applies and preserves insureds’ right of priority over insurer — Insurer may not recover MedPay benefits paid on insureds’ behalf from settlement proceeds until insureds are made whole — Insureds are not entitled to final summary judgment where they have not proven that they have not been made whole — No merit to claim that claimants in third-party insurance case can never be made whole as matter of law

28 Fla. L. Weekly Supp. 425a

Online Reference: FLWSUPP 2805HILC

Insurance — Declaratory judgments — Duty to attend examination under oath — Motion to dismiss action seeking declaration regarding insured’s duty to attend examination under oath during pandemic is denied

28 Fla. L. Weekly Supp. 479c

Online Reference: FLWSUPP 2806DIRE

Insurance — Declaratory actions — Complaint seeking advisory opinion on appropriateness of rescission of policy after policy was rescinded dismissed for lack of jurisdiction and for failure to state cause of action

28 Fla. L. Weekly Supp. 229a

Online Reference: FLWSUPP 2803HUFF

Insurance — Complaint — Failure to attach complete policy, including declarations page, to amended complaint seeking declaration that policy is void ab initio requires dismissal of amended complaint — Insurer’s request for entry of final default judgments against some codefendants is denied where other codefendants are actively defending action

28 Fla. L. Weekly Supp. 125a

Online Reference: FLWSUPP 2802DIRE

Insurance — Declaratory actions — Complaint for declaratory relief filed by insurer against eight defendants is deficient where complaint is drafted in manner in which each succeeding count incorporates by reference prior averments not attributed to any one defendant, requiring that defendants respond to claims against other unrelated defendants — Further, complaint does not show doubt or uncertainty as to existence of some right, status, immunity, power or privilege and, accordingly, does not state cause of action for declaratory relief — Motion to dismiss granted

28 Fla. L. Weekly Supp. 449b

Online Reference: FLWSUPP 2806CELT

Insurance — Appeals — Certiorari — Non-final orders — Denial of motion to consolidate — Fact that denial of motion to consolidate cases will require maintenance of independent actions is not irreparable harm meriting certiorari review — No abuse of discretion in denying motion to consolidate cases involving different patients, different allegations of medical necessity, different policies, and different exigencies justifying out-of-network claims

28 Fla. L. Weekly Supp. 336a

Online Reference: FLWSUPP 2804LEON

Insurance — Personal injury protection — Answer — Amendment — Insurer’s motion to file amended answer to allege fraud defense is denied where motion is based on surveillance report that insurer obtained seven years ago, prior to filing of suit — Denial of motion to amend answer is warranted where insurer has abused privilege to amend by seeking amendment extremely late in proceedings without justification, and medical provider will be severely prejudiced by proposed amendment

28 Fla. L. Weekly Supp. 338a

Online Reference: FLWSUPP 2804SCAS

Insurance — Personal injury protection — Answer — Amendment — Motion to amend answer to raise allegations of upcoding and deficient record-keeping is denied where proposed amendment is contrary to legislative intent to have those issues addressed and resolved prior to suit, medical provider will be severely prejudiced by amendment that would deprive it of opportunity to cure deficiencies in records and coding prior to suit, amendment would be futile, and insurer waived defenses and abused privilege to amend by failing to plead defenses known to it prior to suit during seven years of litigation

28 Fla. L. Weekly Supp. 328a

Online Reference: FLWSUPP 2804GARL

Insurance — Personal injury protection — Answer — Amendment — Motion to amend answer to raise allegations of upcoding and deficient record-keeping is denied where proposed amendment is contrary to legislative intent to have those issues addressed and resolved prior to suit, medical provider will be severely prejudiced by amendment that would deprive it of opportunity to cure deficiencies in records and coding prior to suit, amendment would be futile, and insurer waived defenses and abused privilege to amend by failing to plead defenses known to it prior to suit during six years of litigation