2011

36 Fla. L. Weekly D1436a
66 So. 3d 342

Insurance — Appraisal — Trial court erred in granting insured’s motion to compel appraisal where factual dispute exists as to whether insured complied with policy’s postloss obligations, and court did not hold evidentiary hearing on that issue — Insured did not waive right to request appraisal by not pleading such relief and aggressively litigating case where insured made presuit demand for appraisal and included as part of complaint against insurer a declaratory action to determine whether it was entitled to appraisal — Appeals — Citizens Property Insurance Corporation was entitled to automatic stay of appraisal process pending appellate review because Citizens is a public body seeking to enforce a public right

36 Fla. L. Weekly D1126b
61 So. 3d 1262

Administrative law — Licensing — Title insurance agents — Department of Financial Services properly denied application for licensure as a resident Florida title insurance agent based on applicant’s prior criminal record, but improperly calculated waiting period for re-application — Appeals — In pipeline case that is still pending on appeal when there has been a change in the law as applied specifically to appellant, appellant is entitled to the benefit of that change

36 Fla. L. Weekly D731a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 36 Fla. L. Weekly D1119a

Torts — Limitation of actions — Action against insurance agents alleging negligence and breach of fiduciary duty for failing to obtain liability coverage for plaintiffs’ assignor — Error to dismiss action on ground that statute of limitations period expired before plaintiffs sued agents — Considering allegations appearing on face of amended complaint, damages to assignor occurred, at the earliest, when assignor and its employee, having no insurer to defend them, were forced to defend themselves against plaintiffs’ claims, not on earlier date when assignor first discovered that it lacked coverage

36 Fla. L. Weekly D780b
60 So. 3d 469

Licensing — Revocation of license to transact life and health insurance business — Department of Financial services did not err in issuing summary order revoking insurance license where licensee did not submit timely petition for administrative hearing — Failure to timely request hearing was not excused under equitable tolling doctrine where licensee claimed that untimely submission of petition was due to a mistake, and not because he was misled or lulled into inaction, or that he was in any way prevented from timely requesting hearing

36 Fla. L. Weekly D2717a
77 So. 3d 765

Torts — Professional negligence — Insurance agents — Failure to procure adequate insurance — Trial court properly entered summary judgment for defendant insurance agents in action alleging that agents failed to procure adequate insurance where settlement agreement between plaintiff and insurance company was broad enough to release agents from liability — Although defendants were general lines agents who sold other lines of insurance, they were properly considered agents of insurance company where company had clearly designated them agents, providing them with the necessary authority to write lines of business