Volume 5

5 Fla. L. Weekly Supp. 313a

Insurance — Automobile liability — Coverage — Rental car company contending that automobile accident involving car rented by insured and driven by authorized party at time of accident triggered liability coverage of insured’s policy, and that therefore insurer owes duty to indemnify rental car company — Because liability coverage provisions of insurance policy, which extend coverage to use by insured of newly acquired vehicle, temporary substitute vehicle or non-owned car, were not triggered, duty to indemnify rental car company was not triggered — Facts in record preclude characterization of rental car as newly acquired vehicle, temporary substituted vehicle, or non-owned car — Where policy defines non-owned car as car not leased in name of insured or member of household, argument that there is difference between leased vehicle and rented vehicle is rejected — Court will not accord varying definitions to leased vehicle and rented vehicle in absence of legal authority to contrary — Because rental vehicle was leased by named insured, rental car is not covered by policy — Rented vehicle does not fall within policy definitions of what constitutes non-owned car

5 Fla. L. Weekly Supp. 551a

Insurance — Automobile — Coverage — Where insured purchased vehicle, obtained coverage under policy of insurance, traded that vehicle for second vehicle, was involved in accident in second vehicle, and filed claim form within 30 days of becoming owner of vehicle, filing of claim for benefits relating to second vehicle served as constructive notice and a request to insure second vehicle, even though there was never direct request by insured that second vehicle be substituted for traded vehicle

5 Fla. L. Weekly Supp. 50b

Insurance — Automobile — Coverage — Claim for rental car cost reimbursement — Summary judgment improper where plaintiff’s affidavit filed in opposition to motion raised disputed issues of material fact, and plaintiffs alleged certain paperwork provided to them by insurer and the policy itself suggested or could be interpreted to provide coverage for rental car cost reimbursement

5 Fla. L. Weekly Supp. 212b

Insurance — Automobile — Personal injury protection — Error to grant summary judgment in favor of insurer on ground that vehicle involved in accident was not covered under terms of policy in effect at time of accident — Plaintiff’s affidavit that, prior to accident, he informed authorized agent of insurer of purchase of automobile and was assured that insurance coverage on separate vehicle would be transferred immediately and that no further action need be taken, raised material issue of fact as to whether there was contract of insurance covering vehicle at time of accident

5 Fla. L. Weekly Supp. 253a

Declaratory judgments — Insurance — Plaintiff seeking determination of whether insurer’s violation of certain administrative rules also constitutes a violation of section 627.7282 relating to notice of additional premiums and cancellation for nonpayment; and further seeking determination as to whether statute provides any remedy to insured for wrongful acts of insurer — Declaratory judgment is available when bona fide doubt exists as to right of parties under statute or instrument — Plaintiff properly pleaded ambiguity in statute — Defendant’s argument that statute does not provide plaintiff with civil remedy itself reveals existence of bona fide dispute and existence of doubt as to plaintiff’s rights under statute — Money had and received — Plaintiff’s allegation that defendant charged plaintiff unlawful additional premiums which defendant has retained sufficient to state claim for equitable relief — Contracts — Breach — While mere legal conclusions are not sufficient unless substantiated by allegations of ultimate fact, allegation that insurance contract incorporated Florida statutes was necessary to make plaintiff’s complaint intelligible — Whether contract does incorporate statute and administrative rules not properly determined at this stage of proceedings — Motion to dismiss denied

5 Fla. L. Weekly Supp. 208c

Insurance — Automobile — Collision — Cancellation of policy — Failure to pay increased premium imposed because of misrepresentation on application — Insurer’s proof of mailing of notice of cancellation to insured prevails as matter of law over insured’s denial as to its receipt — Summary judgment properly entered in favor of insurer in insured’s action to recover for damage to vehicle

5 Fla. L. Weekly Supp. 155a

Insurance — Automobile — Cancellation of policy — Unjust enrichment — Action against insurer by insured whose policy was cancelled after he failed to respond to notice of additional premium due — Counts seeking declaratory relief dismissed on ground that there are no future rights to be determined between the parties — Claim for unjust enrichment not available where there is adequate remedy at law — Contract between parties, as well as applicable statutory and administrative code provisions give plaintiff an adequate legal remedy — Underwriting delays — Insurer was in compliance with time requirements of administrative code where it completed underwriting and made final determination of correct premium within 60 days after effectuation of coverage — Notice of correction sent to insured the day following final determination of correct premium satisfies “immediately” notice requirement of statute — Excessive cancellation intervals — Letter sent to insured did not comply with requirements of statute where letter stated that if insured elected not to respond, notice of cancellation would be sent to policyholder at later date, rather than specifying cancellation date — Statute clearly requires that cancellation date be specified in option letter — Absence of prejudice is not defense to strict compliance with statutory notice requirement — Motion to dismiss claim alleging excessive cancellation interval denied

5 Fla. L. Weekly Supp. 522b

Attorney’s fees — Insurance — Insured prevailing in action against insurer — Error to include in award the time spent litigating applicability of contingency risk multiplier after entitlement to reasonable fee had already been determined

5 Fla. L. Weekly Supp. 514c

Insurance — Personal injury protection — Attorney’s fees — Insured/passenger who filed suit against insurer for failure to pay claim within 30 days was entitled to attorney’s fees where insurer paid claim after suit was filed — Fact that complaint inadvertently listed driver’s policy number rather than insured’s policy number does not require different result where there was no confusion between the parties as to which policy was subject of suit

5 Fla. L. Weekly Supp. 778a

Attorney’s fees — Insurance — Personal injury protection — Attorney’s fees and costs awarded to insured who prevailed in action against insurer for interest and wage loss benefits