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Volume 9

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STATE OF FLORIDA, Plaintiff, vs. STEPHEN ZARET, Defendant.

9 Fla. L. Weekly Supp. 760a

Criminal law — Insurance — Fraud — Venue — Where defendant is charged with submitting false or fraudulent automobile bill of sale in support of insurance claim, venue would be proper in county where bill of sale was prepared and mailed or county where it was received — Motion to dismiss granted where bill of sale was received by insurer outside of county, and state is unable to provide any evidence that defendant, who resides in another county, prepared or mailed the bill of sale from the county

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HIALEAH MEDICAL ASSOCIATES, INC., and DIAGNOSTIC STUDIES, INC., (as Assignees of MIGUEL RODRIGUEZ), Plaintiffs, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant.

9 Fla. L. Weekly Supp. 710a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 9 Fla. L. Weekly Supp. 711a

Insurance — Pleadings — False or fraudulent — Sanctions — Striking — Where insurer’s representative admittedly knew at time he signed affidavit and answers to interrogatories that relied-upon statutory provision requiring notice of initiation of treatment did not apply because statutory provision did not exist at time treatment was rendered, insured’s motion to strike insurer’s pleadings for fraud upon the court is granted

Cert. denied. 30 Fla. L. Weekly D607b

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CHARLES COLBERT, Plaintiff, vs. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, a foreign corporation, Defendant.

9 Fla. L. Weekly Supp. 137c

Insurance — Personal injury protection — Coverage — Exclusions — Plaintiff injured as passenger in insured vehicle who was employee in the course and scope of his employment at time of accident — Plaintiff’s request for procedural entitlement to summary judgment based on insurer’s failure to assert any affirmative defense by failing to amend its answer or file a cross-motion for summary judgment denied where court grants insurer’s ore tenus motion to amend pleadings to conform with evidence presented — Policy exclusion providing that PIP insurance does not apply to bodily injury to insured’s employee arising out of and in course of employment must give way to mandatory requirements of section 627.736(4)(f) and is invalid — Motion for summary judgment granted

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