2003

28 Fla. L. Weekly D1488b

Attorney’s fees — Insurance — Contingency risk multiplier — Contract between insured and attorney in which attorney technically was entitled to recover fee up to $200 per hour from client, win or lose, but agreed to accept “a reasonable fee awarded by the Court” was not a contingent fee arrangement — Error to use “contingent risk” multiplier based on finding that the fee would, in either case, be based upon winning the case because of insured’s “indigent financial condition” — Likelihood that client will not pay agreed-upon hourly fee is not criterium upon which “contingency” in this context is based

28 Fla. L. Weekly D106b

Attorney’s fees — Torts — Insurance — Order awarding attorney’s fees to plaintiff who prevailed against insurer in claim for proceeds of life insurance policy and to defendant on civil theft claim was insufficient in that it did not contain amount of time reasonably spent in litigation, failed to state attorneys’ hourly rates, and included contingency risk multiplier without stating grounds justifying use of multiplier — Although record supports some form of attorney’s fees award, absence of written findings in order coupled with lack of verbal findings on the record requires reversal

28 Fla. L. Weekly D1139a

Insurance — Automobile — Stolen vehicle — Assistance and cooperation — Where insured cooperated to some degree by providing some, but not all, documents requested by insurer, issue of whether there has been material breach of insurance contract is one for jury, not trial judge

28 Fla. L. Weekly D2366a

Attorney’s fees — Insurance

28 Fla. L. Weekly D1891a

Insurance — Structured settlement — Transfer of structured settlement payment rights — Statutory requirement that written response to application for transfer of structured settlement payments “must” be filed within fifteen days after service of transferee’s notice is directory, not mandatory — No error in trial court’s consideration of objection to transfer which was filed several days beyond the fifteen-day period — Release which provided for structured settlement prohibited claimant from assigning or accelerating the periodic payments, and court is authorized by statute to deny transfer if it would “contravene the terms” of the settlement — Risk of adverse tax consequences warrants upholding of non-assignability provision in structured settlement documents — Trial court properly refused to approve assignment

28 Fla. L. Weekly D2140a

Insurance — Personal injury protection — Assignment — Although insured executed assignment agreement with provider regarding her right to receive PIP payments from insurer, material issue of fact exists as to whether that agreement was subsequently rescinded by mutual agreement of the parties — Circuit court acting in its appellate capacity properly reversed summary judgment entered by county court in insurer’s favor

28 Fla. L. Weekly D2679a

Insurance — Health — Arbitration — Trial court erred in dismissing action against health insurer on basis that dispute was subject to mandatory arbitration pursuant to arbitration clause in insurance contract without first resolving threshold issue of whether a contract exists between the parties

28 Fla. L. Weekly D1432c

Insurance — Homeowners — Appraisal — Where insurer denied claim for damages to insured home on ground that damage caused by nearby blasting activities was excluded from coverage under policy, trial court properly entered summary judgment for insurer in insureds’ suit for appraisal on ground that issue of coverage is one for court, not for appraisers — Request for appraisal was premature absent a determination that coverage exists under policy — Court’s denial of appraisal does not preclude insureds from filing suit on policy

28 Fla. L. Weekly D327a

Insurance — Appraiser — Competency — Trial properly granted defendant insurer’s motion to dismiss complaint on ground that plaintiff did not designate a competent and disinterested appraiser because, although the policy does not require an insured to select an expert as an appraiser, there was insufficient evidence to establish the attorney designated by the plaintiff was competent to serve in that capacity

28 Fla. L. Weekly D744a

Insurance — Arbitration — Foreign insurers — P&I policy issued to ship owner and charterers — Trial court erred in denying motion of foreign insurer of ship owners, who disclaimed coverage for maritime claim, to compel arbitration in Oslo, Norway pursuant to clauses in policies — Arbitration agreement is enforceable under Federal Arbitration Act and is governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards — Ship owner’s contention that the dispute is subject to Florida law, under which insurance coverage disputes cannot be arbitrated, rather than FAA, based on McCarran-Ferguson Act, is incorrect because the McCarran-Ferguson Act does not apply in cases involving foreign commerce — Arbitration agreement is enforceable under FAA because dispute meets the four conditions for FAA applicability