2011

36 Fla. L. Weekly D969a
68 So. 3d 267

Attorney’s fees — Appellate — Contingent or conditional award — Plaintiff who obtained favorable judgment against insurer on claim for underinsured motorist benefits not entitled to attorney’s fees pursuant to section 768.79 where plaintiff made proposal for settlement in amount of $100,000, jury ultimately returned a verdict for over $1 million, but, because trial involved only a claim for underinsured motorist benefits, judgment was not for full amount of verdict but was instead based on $25,000 in insurance coverage — Plaintiff not entitled to a conditional judgment of attorneys’ fees for work in this case at appellate level — Court recedes from portion of prior opinion that authorized procedure of entering conditional judgments — If, in a subsequent bad faith action, the trial court determines that earlier appellate attorney’s fees are an element of damages or are otherwise awardable in such a case, then that award does not require, as a condition precedent, any order from appellate court awarding fees on a contingent basis

36 Fla. L. Weekly D1082a
61 So. 3d 1215

Insurance — Attorney’s fees — Insured prevailing in action against insurer — Amount of fee — Where contingent fee contract between insured and her attorney provided for an hourly rate of $300, it was error for court to award fees on the basis of an hourly rate of $350

36 Fla. L. Weekly D1082a
61 So. 3d 1215

Insurance — Attorney’s fees — Insured prevailing in action against insurer — Amount of fee — Where contingent fee contract between insured and her attorney provided for an hourly rate of $300, it was error for court to award fees on the basis of an hourly rate of $350

36 Fla. L. Weekly D888a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 36 Fla. L. Weekly D1467a

Insurance — Property and casualty insurance — Coverage — Hurricane and windstorm — Dispute over amount paid by insurer to purchaser of property to whom named insured had assigned its rights to insurance proceeds — Civil procedure — Where purchaser and insurer entered into joint pretrial stipulation that limited dispute to the amount to be paid to the purchaser for damages from hurricane and which included stipulation that named insured had assigned its right to insurance proceeds to the purchaser, trial court impermissibly abandoned the stipulation by instructing jury that it was required to determine whether purchaser held valid assignment and by providing a verdict form that questioned whether valid assignment existed — Trial court abused its discretion by not correcting error on purchaser’s motion for new trial, filed after jury found there was no assignment — Purchaser was not required to read stipulation to the jury

36 Fla. L. Weekly D2391a
77 So. 3d 210

Insurance — Homeowners — Appraisal — Trial court erred in granting insurer’s motion to stay insured’s lawsuit against insurer pending completion of appraisal process where insurer failed to comply with requirement of notifying insured of her right to participate in mediation when an insured files a first party claim for property damage

36 Fla. L. Weekly S311a
67 So. 3d 187

Insurance — Commercial residential — Appraisal — Statutory amendment which provides that a commercial residential insurer may not exercise its right of appraisal if the insurer does not give notice of the availability of mediation does not apply retroactively — In determining that the amendment applied retroactively, the district court erroneously determined the retroactivity issue on the basis of whether retroactive application would unconstitutionally impair the obligations of contract, without first considering whether there was legislative intent that the amendment apply retroactively — Because amendment was substantive, and there was no clear evidence of legislative intent to apply it retroactively, amendment does not apply retroactively

36 Fla. L. Weekly D1125a
61 So. 3d 1241

Insurance — Homeowners — Mediation — Where an insurer fails to supply the statutorily required written notice of the right to mediate, the insured is not required to engage in a contractual loss appraisal process as a prerequisite to litigation — There is no merit to insurer’s contention that because insured was aware of mediation process in a contemporaneous, but separate claim, such knowledge obviated the need for statutory notice — There is also no merit to insurer’s contention that because insured voluntarily commenced appraisal process, insured must be bound to participate in the process through its conclusion

36 Fla. L. Weekly D1467a
82 So. 3d 911

Insurance — Property insurance — Coverage — Hurricane and windstorm — Dispute over amount paid by insurer to purchaser of property to whom named insured had assigned its rights to insurance proceeds — Civil procedure — Where purchaser and insurer entered into joint pretrial stipulation that limited dispute to the amount to be paid to the purchaser for damages from hurricane and which included stipulation that named insured had assigned its right to insurance proceeds to the purchaser, trial court impermissibly abandoned the stipulation by instructing jury that it was required to determine whether purchaser held valid assignment and by providing a verdict form that questioned whether valid assignment existed — Trial court abused its discretion by not correcting error on purchaser’s motion for new trial, filed after jury found there was no assignment — Purchaser was not required to read stipulation to the jury

36 Fla. L. Weekly D2356b
88 So. 3d 249

Insurance — Appraisal — Order compelling appraisal reversed and remanded for evidentiary hearing to determine whether post-loss obligations were sufficiently met

36 Fla. L. Weekly D298a
54 So. 3d 578

Insurance — Windstorm — Appraisal — Error to summarily compel appraisal over insurer’s objection that insured failed to comply with post-loss provisions of policy — Remand for evidentiary hearing on whether insured sufficiently complied with policy’s post-loss requirements