2010

35 Fla. L. Weekly D741a
31 So. 3d 915

Insurance — Bad faith — Civil remedy for Insurance Code violations — Final summary judgment in favor of insurer on bad faith claim reversed — Remand for entry of final judgment dismissing bad faith claim without prejudice for failing to file sufficiently specific civil remedy notice, as required by statute

35 Fla. L. Weekly D2104a
46 So. 3d 1037

Insurance — Homeowners — Insured’s misrepresentation of criminal history on application for policy — Waiver — Trial court erred in granting directed verdict for insurer on issue of whether insurer, acting through a claims or field adjuster, had waived the right to deny coverage on account of insured’s misrepresentation where there was conflicting testimony as to whether adjuster, having knowledge of insured’s misrepresentation, had apparent authority to waive insurer’s right to deny coverage

35 Fla. L. Weekly D2686a
51 So. 3d 506

Insurance — Personal injury protection — Accord and satisfaction — Cashing check containing language that it is in full payment of debtor’s obligations creates accord and satisfaction with regard to claim for which payment was tendered — Appeals — Certiorari — Although circuit court, acting in its appellate capacity, incorrectly applied law when it affirmed a county court’s judgment finding that check which was cashed by provider and which contained notation that it was for full and final payment of PIP benefits was only a partial payment, this error was not a departure from essential requirements of law remediable in a second tier certiorari — Petition for writ of certiorari denied