Volume 7

7 Fla. L. Weekly Supp. 74a

Insurance — Personal injury protection — Endorsement in PIP policy which provides that insurer is entitled to refuse to pay medical expenses it deems to be unreasonable or unnecessary is without force or effect to extent that policy purports to authorize insurer to refuse to pay medical expenses that would be properly payable under Section 627.736 — Indemnification — Endorsement provision which provides that insurer will pay resulting defense costs and any resulting judgment against insured if insured is sued by medical services provider because insurer refused to pay medical expenses deemed unreasonable or unnecessary does not entitle insurer to summary judgment — To extent that endorsement purports to substitute indemnification for insurer’s obligation to pay insured’s related, reasonable and necessary medical expenses under Section 627.736, endorsement runs afoul of section 627.418(1) and does not vary insurer’s statutory duties

7 Fla. L. Weekly Supp. 456a

Insurance — Liability — Record shows there is no duty to defend and no coverage to third party under insurance policy at issue — Third party is not an insured under the policy — Allegations claiming liability for negligence arising out of assault or battery fall within assault or battery exclusion of general liability policy at issue

7 Fla. L. Weekly Supp. 34b

Declaratory judgments — Insurance — Commercial general liability insurer has no duty to defend underlying liability case — Under policy’s automobile exclusion, there is no coverage for underlying liability case

7 Fla. L. Weekly Supp. 734a

Civil procedure — Insurance — Uninsured motorist — Florida Rules of Civil Procedure and Florida statutes govern discovery in an uninsured motorist action after suit has been commenced for uninsured motorist benefits

7 Fla. L. Weekly Supp. 583a

Insurance — Personal injury protection — Discovery — Financial information — Opposing party’s experts — Plaintiff is entitled to information from insurer regarding relationship between insurer and its named experts — If insurer is unable to provide information, plaintiff must comply with requirements set forth in Elkins v. Syken before trial court can order experts to produce business records and 1099’s related to their relationship with insurer — Trial court departed from essential requirements of law when it required experts to disclose business records and 1099’s without first giving experts an opportunity to respond to interrogatories or be deposed as set forth in Elkins and rule 1.280

7 Fla. L. Weekly Supp. 806b

NOT FINAL VERSION OF OPINION
Subsequent Changes at 8 Fla. L. Weekly Supp. 42d

Insurance — Discovery — Request for production — Interrogatories

7 Fla. L. Weekly Supp. 322b

Insurance — Personal injury protection — Petition for writ of certiorari to prevent deposition of insurer’s claims adjuster, contending that medical provider’s lawsuit to collect PIP benefits became moot once insurer confessed judgment by tendering full liquidated sum sought by medical provider — Medical provider permitted to depose insurer’s claims adjuster for sole purpose of determining date on which insurer received subject claim so that proper calculation of interest can be made or agreed to by parties or, failing agreement, so that it can be determined by trial court — Upon such determination, further examination of claim’s adjuster will be unnecessary as final payment will render claims for declaratory relief moot

7 Fla. L. Weekly Supp. 805a

Insurance — Personal injury protection — Deductibles — Plaintiff who seeks PIP benefits under policy of insurance issued to his wife, named insured, is subject to deductible applicable to named insured and dependent relatives by definition of named insured in policy of insurance — Section 627.739, which provides that named insured may elect a deductible to apply to named insured alone or to named insured and dependent relatives residing in same household, does not contravene named insured policy provision or operate to exclude plaintiff as named insured because plaintiff is not named by name in policy declaration — It would seem incongruous to treat spouse different than “dependent relatives residing in same household”

7 Fla. L. Weekly Supp. 167a

Insurance — Automobile — Subrogation — Damages — Towing, storage, and rental expenses are recoverable where a pleasure vehicle has been totally destroyed by a tortfeasor — Trial court erred in denying recovery of those expenses on ground that damages were limited to fair market value of vehicle at time of accident — Remand for determination as to the reasonableness of the amount of damages claimed by insurer

7 Fla. L. Weekly Supp. 392a

Insurance — Automobile — Medpay — Where medpay section of policy defined term “vehicle” as a vehicle “covered under liability section” of policy, liability section clearly limited coverage to a vehicle listed on declarations page, trial court erred in ruling that policy provided medpay coverage for injuries to passenger on motorcycle which was not listed on policy’s declarations page