2004

29 Fla. L. Weekly D1450a

Insurance — Commercial lines — Title Errors and Omissions Liability Endorsement — Insured automobile dealership seeking coverage in connection with suit brought by bankruptcy trustee for damages relating to dealership’s transfer of car titles to individuals and entities other than corporate bankruptcy debtor although cars were purchased with corporation’s checks — Insured not entitled to coverage under endorsement because corporation was not a “lienholder or legal owner” within meaning of policy, but was, at most, equitable owner — Further, trial court properly concluded that there was no negligent act, error or omission by insured within meaning of policy, as insured did not owe duty to corporation to look behind transactions and conduct quasi-criminal investigation

29 Fla. L. Weekly D1728b

Insurance — Commercial general liability — Exclusions — Bodily injury or property damage arising out of ownership, maintenance, use or entrustment to others of auto owned or operated by insured — Trial court properly found that exclusion encompassed claim that an insured negligently failed to train his employee not to leave keys in ignition of unattended vehicle

29 Fla. L. Weekly D289a

Insurance — Homeowners — Class action alleging that policies had excessive premiums because premium was calculated on inflated value or replacement value of homes — Trial court properly entered summary judgment adverse to class representative and other class members who were insured by an insurer other than the named defendant — Summary judgment was improper as to other class members who were insured by the named defendant — Certification of class is not final if it can be found that subsequent developments have altered previous certification ruling — Although appellate court affirmed order certifying class, trial court is not precluded by law of the case from revisiting propriety of class action

29 Fla. L. Weekly D2586d

Declaratory judgments — Insurance — Commercial general liability — Coverage — Advertising injury — Duty to defend — Appeals — Declaratory judgment which resolved both coverage and duty to defend issues is appealable under rule 9.110(n) — Rule does not preclude review of a final judgment resolving an insurer’s duty to defend, but rather provides an alternative for expedited review of insurance coverage issues — Trial court properly found that insurer did not owe duty to defend insured against patent infringement claim and that claim was not a covered claim — Trial court erred in finding that insurer owed duty to defend insured against unfair competition claim — Complained of activities did not fall within policy terms so as to constitute “advertising injuries”

29 Fla. L. Weekly D2125a

Florida Unauthorized Insurer Act — Action by insured’s assignee against trade credit insurance broker alleging breach of Act; broker negligence and malfeasance in representing that insurer was authorized to do business in Florida, failing to select an insurer that could do business in Florida, and negligently preparing and submitting claims under policy; and breach of contract — Trial court properly found that broker, who placed insured with an insurer who was not authorized to offer, sell, or place insurance in Florida, came within reach of section 626.901 — Damages — To confer liability upon broker/agent, trial court must look at insured’s claims and determine which, if any, would have been covered under policy, and trial court erred in finding that broker was liable for all claimed damages, without regard to policy terms and coverages

29 Fla. L. Weekly D2791a

Insurance — Bad faith — Certiorari review of order denying motion for summary judgment and/or judgment on pleadings denied because petitioner has not demonstrated that order was departure from essential requirements of law that caused material injury and that there was no other adequate remedy to review the order

29 Fla. L. Weekly D363a

Insurance — Builders risk — Renovations and alterations to existing building — Insured’s claims against insurer for bad faith and unfair claim settlement practices may only be brought after coverage and contractual issues between the insured and the insurer are resolved — Trial court properly struck paragraphs related to bad faith cause of action — Trial court departed from essential requirements of law in its order dealing with count alleging unfair claims settlement where dispute remained as to whether policy at issue covered damages to interior improvements only or also covered damages to exterior of existing building — On remand, trial court should either dismiss count without prejudice or abate count pending resolution of coverage issues

29 Fla. L. Weekly D2190a

Insurance — Discovery — Work product privilege — Bad faith action — Work product privilege attaches when bad faith litigation becomes substantial and imminent — Trial court did not depart from essential requirements of law in finding that bad faith litigation did not become substantial and imminent until insurer forwarded its file to counsel to defend bad faith claim, and in ordering production of insurer’s file predating that event

29 Fla. L. Weekly D2116b
885 So. 2d 905

Insurance — Discovery — Claim file — Attorney-client and work product privilege — Insured’s bad faith and breach of contract action against liability insurer after insurer had agreed to defend insured in underlying action for negligent and intentional infliction of emotional distress under reservation of rights to deny coverage for intentional acts, damages were awarded against insured, and insurer denied coverage for the damages based on an opinion from the law firm retained to represent insured that the verdict was based on intentional conduct — In light of fiduciary relationship during trial of underlying action, any correspondence or communications between insurer and law firm which represented insured concerning insured and his case are not privileged under attorney-client privilege and must be produced by insurer — Communications between insurer’s employees or agents and insurer’s in-house counsel are protected by attorney-client privilege — Because it is clear that portions of alleged acts against insured were not covered by policy, many of documents in claims file, including some trial notes of the underlying proceedings, are protected from discovery by work product privilege — Any notes, observations, or evaluations by representatives of insurer concerning legal work or performance by law firm while representing insured must be produced

29 Fla. L. Weekly D544b

Insurance — Bad faith — Trial court did not err in denying insurer’s motions for directed verdict and new trial where there were disputed issues of fact as to whether insurer acted in good faith toward its insured