Volume 3

3 Fla. L. Weekly Supp. 628a
Insurance — Fire — Enforcement of settlement agreement — Appraisal provision of policy constituted an arbitration agreement — Arbitration decision cannot be reversed unless defendant claims that one of violations enumerated in section 682.13(1)(a)(e) has been committed — Insurer’s claim that arbitrator erred in awarding more damages than permitted by face amount of policy without merit where policy had provision permitting insured to recover more than the face amount under certain factual conditions — Insurer’s claim that appraisers factually erred in awarding more than face value of policy because insureds did not repair or replace the items as required by the policy in order for the policy limits to be exceeded does not entitle insurer to relief where insurer did not seek to modify or correct the award within 90 days of delivery of the appraiser’s decision

3 Fla. L. Weekly Supp. 328a

Taxation — Insurance — Premium tax — Salary tax credit — Workers’ compensation self-insurance fund is “insurer” subject to premium tax and is entitled to salary tax credit provided for in section 624.509(5)

3 Fla. L. Weekly Supp. 669b

Civil procedure — Stipulation signed by counsel retained by insurer is not sufficient as matter of law to prove consent or ratification of settlement by insured — Error to enter judgment against insured, individually, for settlement amount after insurer was placed in receivership and settlement check issued by insurer was returned unpaid where nothing in the record established consent or ratification by insured

3 Fla. L. Weekly Supp. 493a

Insurance — Personal injury protection — Insured murdered after she had walked to her parked car, entered it, and started car engine — Evidence that assailant had waited in parking lot long enough to see decedent walk to her car and enter it was sufficient to permit trial court to reasonably infer that assailant deliberately refrained from shooting decedent until she was inside the car and would present a stationary target — Sufficient nexus existed between insured’s death and insured’s automobile to support trial court’s award of PIP benefits to decedent’s husband

3 Fla. L. Weekly Supp. 451a

Insurance — Uninsured motorist — Insured may maintain claim against insurer based on alleged misrepresentations made by insurer concerning pertinent facts and/or insurance policy provisions related to coverage at issue prior to determination of liability and damages in underlying litigation — Motion to file second amended complaint to add additional count for violation of sections 624.155(1)(a)(1) and 626.9541(1)(i), Florida Statutes, granted

3 Fla. L. Weekly Supp. 608c

Insurance — Personal injury protection — Error to give jury instruction requiring plaintiff to prove reasonableness of all medical expenses submitted to PIP carrier, even though some expenses had already been paid and were admittedly reasonable

3 Fla. L. Weekly Supp. 148a

Civil procedure — Where party filed claim in county court to recover value of ring which had been consigned to jeweler for resale and subsequently filed for bankruptcy but failed to declare the claim against jeweler as an asset, bankruptcy trustee was real party in interest — Procedure for substitution of parties in state court is controlled by rules of civil procedure, which permits transfer of interest or substitution of parties upon proper motion — Case brought by debtor plaintiff may be dismissed without prejudice so that trustee may bring action to recover the value of the unscheduled property — County court erred in granting summary judgment in favor of jeweler

3 Fla. L. Weekly Supp. 379c

Insurance — Credit life — Error to rule that wife of decedent lacked standing individually to bring action for breach of contract and declaratory relief against credit life insurer which denied coverage under the policy — Wife was joint obligor on note which was to be paid by insurer; co-applicant for policy; co-payor of policy premiums; joint insured under policy until decedent’s death at which time she became sole insured; and joint owner until decedent’s death, at which time she became sole owner — Wife suffered real and tangible loss by virtue of having paid insurance premiums for coverage that was not subsequently provided to her

3 Fla. L. Weekly Supp. 721a

Insurance — Automobile — Cancellation of policy — Refund of unearned premiums — Class actions — Certification of class — Plaintiff challenging procedure whereby insurer calculated refund from date contained in notice of cancellation rather than from earlier cancellation date specified in “Three-Option Letter” in which insurer demanded additional premiums and stated that, if insured took no action, policy would be canceled on certain date — Action is suitable for resolution as class action — Plaintiff established numerosity, commonality, typicality and adequacy of representation — Plaintiff further established that common questions of law and fact predominate over individual questions and that class representation is superior to other available methods for disposing of controversy

3 Fla. L. Weekly Supp. 133a

Attorney’s fees — Insurance — Plaintiff who prevailed in action to recover personal injury protection benefits entitled to award of attorney’s fees — Record refutes defendant’s assertion that case was a dispute between two insurance companies, and plaintiff would have been paid PIP benefits in due time without attorney’s involvement — Application of contingency risk multiplier appropriate under circumstances — Where plaintiff made demand for judgment and offer of settlement for attorney’s fees, and fee award announced by court exceeded by more than 25% the fee amount stated in demand and offer, plaintiff’s attorney is entitled to fees for time spent litigating attorney’s fees issue