Volume 6

6 Fla. L. Weekly Supp. 790a

Insurance — Personal injury protection — Coverage — Claim for PIP benefits by plaintiff, who was injured after colliding with automobile while riding bicycle, from driver of automobile which was covered by PIP policy — Summary judgment for defendant driver proper where there remain no disputed issues of material fact as to whether plaintiff is entitled to PIP coverage under driver’s PIP policy — Jury found that plaintiff was not resident of state at time of accident per section 672.736(4)(d)4 where defense was permitted to submit evidence of plaintiff’s illegal alien status — Question certified: Is the fact that a person entered and remains in the United States illegally as an undocumented or “illegal” alien relevant to a determination of whether that person is a “resident of this state,” as the term is used in F.S. 627.736(4)(d)4? If so, is such evidence nonetheless inadmissible because “its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, [or] misleading the jury,” per F.S. 90.403?

6 Fla. L. Weekly Supp. 720a

Insurance — Personal injury protection — Amount and date of services in dispute — More definite statement

6 Fla. L. Weekly Supp. 258a

Insurance — Personal injury protection — Coverage — Ownership, maintenance or use of vehicle — Insured who was denied coverage for injury allegedly sustained while she was arranging luggage in vehicle while in the process of preparing to drive vehicle and transport luggage stated cause of action for breach of contract — Arranging luggage once it is inside automobile is indispensable accessory use of automobile and one that is closely connected to routine transportation of travelers and their baggage — Error to dismiss insured’s complaint with prejudice

6 Fla. L. Weekly Supp. 444a

Insurance — No fault — Insurer’s motion for summary judgment granted — Question certified: Is coverage under a no-fault policy of insurance barred 1) if the insured refuses to attend or complete an examination under oath, and/or 2) if the insured fails to provide written documentation to support his claim, and/or 3) if the insured files suit on the policy prior to complying with the terms and conditions of the policy of insurance, if the policy provisions require, at a minimum, compliance with these three criteria as conditions precedent to coverage?

6 Fla. L. Weekly Supp. 508a

Venue — Insurance — Maritime insurance — Suit brought by owners of damaged vessel after defendants suggested plaintiffs accepted less compensation for their losses than is covered under policy limits due to exchange rate — Forum selection clause in policy cannot operate as the sole basis for Florida to exercise personal jurisdiction over an objecting non-resident defendant — Service of suit clause in which underwriters agree “to submit to suit in any court of competent jurisdiction within the United States” does not foreclose transfer to another jurisdiction where the interest of justice and convenience of witnesses would be served by such transfer — Factors weigh in favor of defendant’s motion to dismiss for forum non conveniens where case involves dispute between non-U.S. resident and foreign entity; claim arose from accident which befell a foreign-flagged vessel, owned by a non-U.S. citizen, with damage and repair both occurring in Europe; insurance policy was entered into by non-U.S. citizen and foreign-based entity; there are no allegations that law of more appropriate forum would be unreasonably detrimental to either party; and alternative forum is adequate

6 Fla. L. Weekly Supp. 280a

Jurisdiction — Insurance — Action alleging insurer breached insurance contract by refusing to pay full amount of insured damages sustained by plaintiffs as result of dismasting of their vessel in international waters and subsequent repair of vessel in Europe, and by misrepresenting that the insurance contract is an indemnity policy, thereby casting initial burden for payment upon the plaintiffs — Motion to dismiss for forum non conveniens denied — Complaint dismissed without prejudice on ground that plaintiff failed to plead residency requirements

6 Fla. L. Weekly Supp. 624a

Insurance — Insured who had assigned rights under policy to health care provider lacked standing to sue insurer for interest on payments made by insurer

6 Fla. L. Weekly Supp. 792b

Insurance — Personal injury protection — Affirmative defense of exhaustion of benefits waived by failure to include defense in pleadings — Interest at statutory rate owed for bills which were partially paid more than thirty days after receipt by insurer — Plaintiff’s motion for summary judgment concerning reduction of charges granted

6 Fla. L. Weekly Supp. 791a

Insurance — Personal injury protection — Interest — When an insurer pays PIP benefits for medical services more than thirty (30) days after receipt of demand for payment, interest commences on first day after receipt of demand

NOTE: Order and judgments in this case voided upon finding of lack of standing. 7 Fla. L. Weekly Supp. 686a

6 Fla. L. Weekly Supp. 721b

Insurance — Personal injury protection — Insurance company is required to obtain a report of a physician who conducted an independent medical examination of insured prior to reducing or denying a medical bill — Report of physician based only upon a records review does not meet the actual examination requirement of section 627.736(7)(a) — Insurer breached policy by denying payment of bills based on peer review and reducing bills without IME — Interest accrues on overdue payments from date bill is received through date payment is made