2000

25 Fla. L. Weekly S1031a

25 Fla. L. Weekly S899aNOT FINAL VERSION OF OPINION
Subsequent Changes at 25 Fla. L. Weekly S1031a

Insurance — Title insurance — Premiums — Anti-rebate statutes, which prohibit title insurance agent from rebating to client any portion of the agent’s share of the risk premium, are unconstitutional — Anti-rebate statutes infringe upon citizens’ property rights and unconstitutionally restrict citizens’ rights to freely bargain for services

25 Fla. L. Weekly D2235a

Insurance — Title insurance — Question certified: Whether section 627.792, Fla. Stat. (1997), which provides that an insurer is liable for the misfeasance of a “licensed title insurance agent” applies to a title insurance agent who is an attorney and is therefore exempt from licensing as a title insurance agent by the Department of Insurance under section 626.8417, Fla. Stat. (1997)

25 Fla. L. Weekly D1357aNOT FINAL VERSION OF OPINION
Subsequent Changes at 25 Fla. L. Weekly D2235a

Insurance — Title insurance — Trial court properly concluded that title insurers were not liable pursuant to section 627.792, Florida Statutes (1997), for defalcations committed by agent who was a licensed Florida attorney and was not licensed as a title agent by Florida Department of Insurance

25 Fla. L. Weekly D630c

Insurance — Civil procedure — Error to grant summary judgment for plaintiff insurance company in subrogation action based solely on defendant’s failure to respond to requests for admissions

25 Fla. L. Weekly D450a
751 So. 2d 723
Civil procedure — Default — Action by insurer, as subrogee, to recover amount paid for property damages sustained to insured’s vehicle, interest, costs, and attorney’s fees — Where insurer alleged specific amount paid by it under its insurance policy because of property damage caused to insured’s vehicle by defendant’s negligence, that allegation was deemed admitted when defendant defaulted, and admission converted what would have been an unliquidated amount into a liquidated one — No error in awarding damages without notice to defendant — Attorney’s fees remained unliquidated where no specific amount was set forth in complaint — Error to enter attorney’s fees award without notice to defendant

25 Fla. L. Weekly D2415b

Insurance — Uninsured motorist — Releases — Error to grant summary judgment in favor of insurer based upon finding that action was precluded by general release executed by insured at time earlier claim for personal injury protection benefits was settled where there was genuine issue of material fact concerning whether UM claim had matured at time general release was signed — Plain language of release established that release covered any and all claims brought pursuant to specified policy and arising out of certain accident — Specific language referring to claims “brought” pursuant to policy did not limit the release to claims which had already been brought in county court — Release was binding only on claims which had matured at time release was signed

25 Fla. L. Weekly D2812bNOT FINAL VERSION OF OPINION
Subsequent Changes at 26 Fla. L. Weekly D734a

Insurance — Personal injury protection — Where PIP insurer which had been paying benefits for chiropractic treatment requested independent medical examination, and chiropractic physician who conducted examination concluded that insured had reached maximum medical improvement and that further chiropractic treatment was not medically necessary, insurer could properly withdraw authorization for future chiropractic treatment — Circuit court departed from essential requirements of law when it found that section 627.736(7)(a), Florida Statutes (1997), could not be used to withdraw authorization for future treatment, and reversed county court judgment for insurer in insured’s breach of contract action

25 Fla. L. Weekly D2730a

Insurance — Personal injury protection — Insurer who reduces amount of bills submitted for medical treatment on ground of reasonableness of charges is not required to first obtain report from physician licensed under same licensing chapter as treating physician stating that bills are not reasonable

25 Fla. L. Weekly D2675cNOT FINAL VERSION OF OPINION
Subsequent Changes at 26 Fla. L. Weekly D1194c

Insurance — Personal injury protection — Where health care provider who had been assigned PIP benefits submitted bills for treatment of insured to PIP insurer, and insurer paid only the amount it deemed reasonable according to usual and customary charges in the community, insurer was not required to obtain the report of a physician stating that the charges were excessive as condition precedent to defending health care provider’s suit for past due bills — There is no requirement that an insurer first obtain a report from a physician licensed under the same chapter as the insured’s treating physician before reducing payment for treatment as condition precedent to defending suit brought by medical provider for past due benefits where there is no dispute over the reasonableness, relatedness, or necessity of that treatment