2010

35 Fla. L. Weekly S149a
35 So. 3d 666

NOT FINAL VERSION OF OPINION
Subsequent Changes at 35 Fla. L. Weekly S425a

Standard jury instructions — Civil — Amendments — Reorganization and modification — Updating of wording — Substantive amendments to various instructions — Proposed amendment to instruction on greater weight of the evidence rejected and, instead, the substance of former standard civil jury instruction 3.9 is reauthorized

35 Fla. L. Weekly D750a
33 So. 3d 734

Insurance — Liability — Bad faith — Error to dismiss excess insurer’s complaint for bad faith against primary insurer because the injured party had released the insured and excess insurer did not receive an assignment from the insured of any bad faith claim — Excess insurer could bring a bad faith claim against primary insurer based upon a settlement executed by the excess insurer and was not required to suffer an excess judgment in order to maintain bad faith claim — Excess insurer had right, in absence of contract or assignment from insured, to maintain bad faith action against primary insurer for damages it sustained as result of primary insurer’s bad faith refusal to settle

35 Fla. L. Weekly D2344a
46 So. 3d 147

Insurance — Automobile liability — Exclusions — Named insured’s negligent operation of non-owned vehicle which was available or furnished for regular use of insured — Where insurer furnished commercial automobile policy to nursery and personal automobile policy to co-owner of nursery, personal policy did not provide coverage for accident occurring while co-owner was operating vehicle owned by nursery which co-owner regularly used for business and personal purposes

35 Fla. L. Weekly D1468a
37 So. 3d 988

Insurance — Bad faith — Sovereign immunity — Citizens Property Insurance Corporation is immune from first-party bad faith claims

DISAPPROVED 37 Fla. Law Weekly S691a

35 Fla. L. Weekly D133a
24 So. 3d 809

Insurance — Automobile liability — Exclusions — Household exclusion — Injuries suffered by parents of named insured’s granddaughter in accident occurring when parents were passengers in insured vehicle which was being driven by named insured’s granddaughter — Trial court properly determined that provision which excluded coverage for “any bodily injury to any insured or any member of an insured’s family residing in the insured’s household,” was ambiguous and did not exclude coverage for injuries to granddaughter’s parents who did not live in same household as named insured

35 Fla. L. Weekly D2250b
45 So. 3d 924

Insurance — Automobile liability — Discovery — Given unusual posture of case, insurer failed to establish that taking of deposition duces tecum of its adjuster “to flesh out whether this matter falls within the scope of coverage,” will result in irreparable harm — Petition for writ of certiorari to prevent deposition duces tecum dismissed

35 Fla. L. Weekly D539a
34 So. 3d 42

Insurance — Automobile liability — Coverage — Temporary substitute auto — Rental car did not qualify as a temporary substitute auto where auto was not being used with rental company’s permission because it was being driven by an unauthorized driver under rental agreement — No coverage existed under policy

35 Fla. L. Weekly D1341a
38 So. 3d 807
Insurance — Automobile liability — No coverage was provided under policy where insured was required to disclose to insurer any drivers of vehicle as a condition to coverage, and insured failed to disclose that the driver who was involved in accident would be a driver of the insured vehicle

35 Fla. L. Weekly D454a
29 So. 3d 375

Insurance — Automobile — Commercial policy — Exclusions — Provision that coverage and duty to defend did not apply to bodily injury to employee of insured arising out of or within course of employment applied to employee’s action against estate of co-employee for on-the-job injuries sustained when company truck, which was driven by a co-employee and in which plaintiff was passenger, was involved in an accident — Remand for entry of judgment in favor of insurer establishing that there was no coverage under the policy for employee’s lawsuit against co-employee’s estate

35 Fla. L. Weekly D1171a
35 So. 3d 1001

Insurance — Automobile liability — Assignee’s bad faith action against insurer — Venue — Where duties of good faith which insurer allegedly failed to perform included making settlement offer and/or tendering policy limits to estate of individual who died as result of accident involving insured, an estate which was opened in Palm Beach County; investigating and evaluating the claim, when the accident occurred in Palm Beach County; and advising and warning insured, who resided in Palm Beach County, of possible outcomes, risks, and consequences, venue was proper in Palm Beach County, although physical location of insurance adjuster was in a different county