2005

30 Fla. L. Weekly D114c

Torts — Insurance — Uninsured motorist — Attorney’s fees — Costs — Where plaintiff who was injured in automobile accident brought action against tortfeasor and plaintiff’s UM insurer, tortfeasor’s insurer offered policy limits of $100,000 which plaintiff wished to accept, but did not because UM insurer refused to waive its subrogation rights and paid plaintiff the amount of the offer, UM insurer subsequently accepted policy limits of $100,000 from tortfeasor’s insurer and waived its subrogation rights against tortfeasor, and verdict of $48,000 was returned on the UM claim, trial court erred in granting tortfeasor’s motion to tax costs — $100,000 offer from tortfeasor was not an offer of judgment, but was merely an offer which was not accepted — Refusal of offer and subsequent verdict for damages which is less than the offer did not make defendant tortfeasor the prevailing party for purposes of taxing costs — Court did not err in awarding attorney’s fees and costs to UM insurer based on its offer of judgment in the amount of $501 — Because the UM insurer had no exposure unless plaintiff’s damages exceeded tortfeasor’s policy limits of $100,000, insurer’s offer of $501 was the equivalent of $100,501, and was made in good faith

30 Fla. L. Weekly D1206a

Insurance — Uninsured motorist — Evidence — Action for uninsured motorist benefits in which insurer raised affirmative defense that uninsured motorist who struck insured vehicle was not negligent due to sudden brake failure — Trial court erred in denying insurer’s motion in limine to exclude reference to number of years insureds had been insured by and paid premiums to insurer, and in permitting plaintiffs to argue in closing argument the insureds’ entitlement to benefits based on a long history or paying premiums — Error to allow plaintiffs to insinuate that insurer acted in bad faith in defending action rather than paying benefits — Argument was improper because insurer, standing in the shoes of the uninsured motorist, was entitled to raise and assert any defense that uninsured motorist could have argued — Error to allow plaintiffs’ attorney to question insured about coverage for future medical expenses — Such testimony improperly juxtaposes economic disparity between wealthy insurance company and uninsured working person — New trial required because of cumulative prejudicial errors

30 Fla. L. Weekly D797b

Insurance — Torts — Insurer’s subrogation complaint against security company based upon theft loss suffered by its insured, which was tenant in industrial park for which company provided security services — Defendant’s contention that it could not be held liable because there had been no prior criminal acts similar to the one in question is rejected — Comparative negligence — No error in including on verdict form the insured tenant and two negligent defendants who had been voluntarily dismissed from action — Claim was based on negligent manner in which defendant conducted its security responsibilities, and there was no attempt to apportion damages based upon intentional criminal conduct of perpetrator of theft — Apportionment of damages — Calculation — Defendant security company was first liable for damages based on its proportion of liability — In addition, statute allows joint liability for up to another $500,000 where a defendant is found to be at least 25 percent but not more than 50 percent at fault — Prejudgment interest — No merit to insurer’s contention that prejudgment interest should have been calculated from date of theft, as opposed to date insurer paid insured for its loss

30 Fla. L. Weekly S172d SANDRA MALU, Petitioner, v. SECURITY NATIONAL INSURANCE COMPANY, Respondent. Supreme Court of Florida. Case No. SC03-1327. LAZARO PADILLA, et al.,

30 Fla. L. Weekly S145a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 30 Fla. L. Weekly S172d

Insurance — Personal injury protection — PIP statute requires reimbursement of transportation costs incurred in connection with medical treatment that is reasonably medically necessary

30 Fla. L. Weekly D1281b

Insurance — Personal injury protection — Coverage — Transportation costs incurred in connection with medical treatment

30 Fla. L. Weekly D1943a

Insurance — Personal injury protection — Transportation costs incurred in connection with medical treatment that is reasonably medically necessary — Class action alleging that travel reimbursement rate of 32.5 cents per mile for automobile transportation costs is not reasonable — Determination of whether travel mileage reimbursement rate is fair, just, and reasonable is a legislative rather than a judicial function — Order dismissing suit affirmed

30 Fla. L. Weekly S153a

Insurance — Personal injury protection — Reimbursement — PIP insurer seeking reimbursement from insurer of commercial motor vehicle which insured was driving at time of accident — Constitutionality of statute — Equal protection — Plain language of section 627.7405, Florida Statutes, provides for reimbursement of insurer providing PIP benefits on private passenger vehicle by owner or insurer of the owner of commercial vehicle without regard to fault — Classification in statute does not violate federal and state equal protection clauses because it is rationally related to a legitimate state objective of regulating insurance rates — Insurer of commercial vehicle has right to challenge the reasonableness and necessity of expenses sought to be reimbursed by PIP insurer

30 Fla. L. Weekly D2497a

Insurance — Personal injury protection — Medically necessary medical treatment — Claim by insurer that jury verdict finding insurer liable for payment for dynamic motion x-ray was not supported by evidence because there was no evidence that the evaluation was “in accordance with generally accepted methods of medical practice,” which is an element of “medically necessary” as defined in amended statute — Statutory amendment defining the term “medically necessary” became effective June 19, 2001 — Circuit court departed from essential requirements of law in refusing to apply the medically necessary definition set forth in amended statute where accident triggering the treatment occurred in September of 2001

30 Fla. L. Weekly D2512a

Insurance — Personal injury protection — Coverage — Transportation costs incurred in connection with medical treatment