2009

34 Fla. L. Weekly D2458b
29 So. 3d 1145

Insurance — Personal injury protection — Cancellation of no fault policy can be effective ab initio in light of mandatory requirements imposed by Florida No Fault Law

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 D873a
11 So. 3d 969

Appeals — Insurance — Order granting motion to confirm appraisal award is not appealable where no final judgment has been entered on order, and trial court has made no formal resolution of insurer’s petition to set aside award

NOT FINAL VERSION OF OPINION
Subsequent Changes at 34 Fla. L. Weekly D370b

34 Fla. L. Weekly D74a

34 Fla. L. Weekly D370b
1 So. 3d 1272

Insurance — Appeals — Final judgment — Where insured sued homeowners insurer for breach of contract and insurer demanded appraisal, order confirming final appraisal award was not a final judgment where order did not contain language of finality disposing of breach of contract action

34 Fla. L. Weekly D1185a
14 So. 3d 1120

Insurance — Appeals — Certiorari — Petition for writ of certiorari quashing lower court order denying petitioner’s renewed motion to amend complaint and denying petitioner’s motion to strike defendant’s requests for admissions, objection to request for admissions, and motion for protective order — Certiorari must be denied where any error would be fully remediable on plenary appeal — Attorney’s fees — Appellate — Given courts’ narrow interpretation of language of section 627.428, appellate court is not authorized to grant fees to an insured who does not succeed in application for certiorari

34 Fla. L. Weekly D2588a
23 So. 3d 237
Insurance — Appeals — Uninsured motorist — Where plaintiff was injured in single vehicle accident while riding as passenger in insured vehicle which was being operated by insured, and plaintiff had received from insurer the full policy limit under the liability provisions of policy, plaintiff may not obtain further recovery under uninsured motorist endorsement and existing pleadings — Insurer is not entitled to writ of certiorari quashing trial court order denying motion for judgment on pleadings because insurer has not established irreparable harm — Prospect that insurer may be put to expense and inconvenience of a trial does not establish irreparable harm — Order is not appealable as a judgment determining the existence or nonexistence of insurance coverage because claim was asserted only against the insurer

34 Fla. L. Weekly D1753a
16 So. 3d 979

NOT FINAL VERSION OF OPINION
Subsequent Changes at 34 Fla. L. Weekly D1799a

Insurance — Breach of contract between insurance agency and insurance company — Agency breached contract with insurance company when it had company issue a policy excluding uninsured motorist coverage although agency had no written waiver of UM coverage from applicant and purportedly knew that applicant wanted UM coverage, and failed to notify company that applicant had not waived UM coverage until after a claim for UM benefits had been made against policy — Summary judgment on breach of contract claim is improper where issue remains as to whether insurance company sustained any injury as consequence of breach — If the insured wanted UM coverage, then insurer suffered no harm flowing from agency’s failure to either secure a UM waiver or to advise insurer that it had no UM waiver — If insured did not want UM coverage or decided after learning of its cost not to take it, then insurer was injured because of agency’s failure to secure a UM waiver from insured