2009

34 Fla. L. Weekly D297a
15 So. 3d 5

Insurance — Workers’ compensation — Insurer’s action to collect retrospective workers’ compensation premiums from insured — Trial court departed from essential requirements when it denied insurer’s motion for summary judgment based on insured’s challenge to insurer’s good faith calculation of final premiums where insured had not exhausted its administrative remedies — Insured that has dispute with carrier regarding computation of retrospective premiums must avail itself of administrative dispute resolution and appeals process under section 627.371

34 Fla. L. Weekly D1659b
20 So. 3d 383

Insurance — Workers’ compensation — Occupational diseases — Responsible carrier — Last injurious exposure — Statute clearly provides that insurance carrier “on the risk” at time employee was last injuriously exposed is the carrier which is solely liable to pay benefits due as result of occupational disease which did not manifest itself until after claimant’s period of employment had ended — Last exposure rule is not limited to cases involving long-term exposure to conditions that cumulatively result in a disease

34 Fla. L. Weekly D333a
5 So. 3d 709

Insurance — Commercial wind only policy — Appraisal — Court erred in entering judgment requiring insurer to pay full amount of appraisal award without a reduction for sums previously paid to insured and reduction for policy deductible, where appraisers made estimate of total loss without regard to any deductible or prior payments — Attorney’s fees — Where insurer had underpaid insured, insured filed suit, and appraisal culminated in judgment for insured for additional sum, insured was entitled to award of attorney’s fees

34 Fla. L. Weekly D466b
7 So. 3d 552

Insurance — Homeowners — Coverage — Hurricane damage — Valued Policy Law — Covered and non-covered perils — Error to hold that insurer was required to pay full policy limits where property was total loss, and loss was caused partially by wind, a covered peril under the policy, and partially by water, a non-covered peril — Amount due under debris removal and law and ordinance provisions of policy to be determined on remand where record did not establish that costs claimed by homeowners were solely attributable to wind — Prejudgment interest — No error in refusing to award prejudgment interest from date residence was damaged by hurricane under debris removal and law and ordinance provisions where policy provided that insurer was not obligated to pay a claim for debris removal or law and ordinance coverage until twenty days after it reached an agreement with the insureds or sixty days after filing of an appraisal award or mediation settlement with insurer

34 Fla. L. Weekly D2530a
24 So. 3d 638

Appeals — Insurance — Uninsured motorist — Appellate court lacks jurisdiction to review order granting summary judgment in favor of insureds on a claim for declaratory relief that was included as a count in a lawsuit seeking UM benefits where determination of right to receive UM benefits under the policy at issue and the amount receivable from insurer for claim is still pending in trial court

34 Fla. L. Weekly D2112b
19 So. 3d 996

Insurance — Uninsured motorist — Provision in UM policy requiring insured to join uninsured motorist in suit filed against insurer is contrary to public policy and therefore invalid — Policy provision cannot lawfully restrict rights of a UM insured beyond those specifically provided by statute

34 Fla. L. Weekly D1046a
19 So. 3d 996

NOT FINAL VERSION OF OPINION
Subsequent Changes at 34 Fla. L. Weekly D2112b

Insurance — Uninsured motorist — Provision in uninsured motorist policy, which requires insured to join uninsured motorist in suit filed against insurer, is contrary to public policy and is therefore invalid

34 Fla. L. Weekly D1005b
13 So. 3d 99

Insurance — Uninsured motorist — Error to enter summary judgment in favor of personal representative of deceased insured in action for uninsured motorist benefits, filed after insurer denied coverage on ground that vehicle involved in accident was owned by insured but not covered under policy, where genuine issue of material fact existed as to whether vehicle involved in accident at issue was owned by insured or by insured’s business — Although vehicle was titled and registered in decedent’s name, widow filed affidavit stating that she had mistakenly titled van in decedent’s name, but it was actually used solely as a business vehicle by decedent’s business, and finder of fact should determine credibility of this affidavit and whether it sufficiently rebutted presumption of ownership arising from fact that decedent’s name appeared on certificate of title

34 Fla. L. Weekly D110a
999 So. 2d 1081

Insurance — Uninsured motorist — Umbrella policy — Insured’s rejection of uninsured motorist coverage under umbrella policy in 1992 precluded recovery under policy on account of his daughter’s death in 2004 automobile accident — Insurer complied with requirements of section 627.727(2), Florida Statutes, when it notified insured that uninsured motorist coverage was available under umbrella policy at the time he applied for policy — Insurer was not required to renotify insured that he could purchase uninsured motorist coverage when umbrella policy was renewed, extended, or changed — No merit to insured’s contention that he is entitled to receive uninsured motorist coverage under umbrella policy because written rejection of coverage he signed in 1992 was ambiguous — By making uninsured motorist insurance available to insured when he initially applied for umbrella policy, insurer fulfilled its obligations under section 627.727(2)

34 Fla. L. Weekly D2285a
21 So. 3d 895

Insurance — Underinsured motorist benefits — Where award of section 57.105 sanctions to insurer and award of policy limits to insured arose from the same proceeding, trial court should have set off the sanctions owed by the insured to the insurer against the amount the insurer owed to the insured, rather than entering two separate judgments