2011

36 Fla. L. Weekly D1091b
61 So. 3d 1230

Insurance — Liability — Judgment for insured reversed where there was no competent evidence to support conclusion that coverage had been provided

36 Fla. L. Weekly D1630a
68 So. 3d 290

Torts — Automobile accident — Insurance — Uninsured motorist — Jurors — Nondisclosure of litigation history during voir dire — Motion for new trial by defendant uninsured motorist carrier on grounds that two jurors had failed to disclose involvement in prior litigation — Trial court abused discretion in granting new trial where it is unclear either juror intended to conceal prior litigation in answering “no” to generic question about whether they had ever been “in court,” both jurors admitted some litigation history but defense counsel did not do due diligence of asking questions to develop information that may have caused defense counsel to challenge them, and for one of the juror’s previous litigation involved cases dissimilar from the present case and remote in time, hence immaterial to jury service in present case

36 Fla. L. Weekly D1138a
65 So. 3d 52

Insurance — Uninsured motorist — Jurors — Post-verdict interview — Trial court abused its discretion by denying insurer’s motion to interview three jurors based on their alleged failure to disclose their personal automobile insurance claims histories during voir dire — Insurance Services Organization claims history reports on these jurors, although insufficient to require new trial, were sufficient to provide reasonable grounds to believe that the jurors may have concealed relevant and material information during voir dire and to justify juror interviews — If on remand trial court determines after juror interviews that these jurors in fact concealed relevant and material information, trial court will be in a position to determine whether insurer is entitled to a new trial

36 Fla. L. Weekly D2298a
72 So. 3d 286

Insurance — Property insurance — Trial court erred in confirming appraisal award after it had already been paid — Insured not entitled to award of attorney’s fees and interest on appraisal award — Trial court cannot confirm appraisal award that has already been paid and thereby create basis for award of attorney’s fees — Failure to comply with section 627.70131(5)(a), which sets forth time frames for payment of property claims, cannot form sole basis for private cause of action, and no independent cause of action exists to award statutory interest under section 627.70131(5)(a)

36 Fla. L. Weekly D449b
54 So. 3d 1081

Insurance — Property damage — Prejudgment interest — No error in denying motion for prejudgment interest in insured’s action against insurer where policy provisions allotted insurer thirty days within which to pay any appraisal award and insurer made payment within that time period

36 Fla. L. Weekly D23a
55 So. 3d 593

Insurance — Personal injury protection — Exhaustion of policy limits — Where PIP benefits were exhausted after provider filed complaint against insurer, but before insurer was served, provider could not thereafter maintain suit for sole purpose of pursuing claim for penalties, interest, and attorney’s fees on benefits that were reduced or denied prior to exhaustion of benefits — No error in entering summary judgment in favor of insurer

36 Fla. L. Weekly D1935a
68 So. 3d 396

Torts — Contracts — Engineering services — Negligence — Release — Action by homeowner against contractor hired to perform sinkhole investigation and prepare report and to act as homeowner’s engineer of record for remediation work performed by another contractor — Trial court erred in granting summary judgment in favor of defendant on homeowner’s negligence and breach of contract claims where there were factual issues as to whether scope of release that homeowner gave to his property damage insurer, which released insurer’s “contractors” and “privies,” was broad enough to include claim against defendant for negligent supervision of remediation work and whether defendant’s engineering work on the investigation and report met the applicable standard of care — There was substantial issue of fact concerning whether defendant ever had a contract with insurer or whether adjuster merely approved defendant’s budget for the work as homeowner’s insurer, not as an independent contracting party — Further, release pertained to claims “arising in relation to the filing of insurance claims” relative to or associated with insurance coverage for home, and negligence claim against defendant was unrelated to homeowner’s insurance coverage, his decision to make a claim under his policy, or the insurer’s handling of the claim — With respect to claim that defendant breached contract to render professional engineering services, defendant was obligated to perform services in accordance with standard of care used by similar professionals in the community under similar conditions, and expert’s testimony raised substantial question of fact concerning whether defendant’s performance met the applicable standard of care

36 Fla. L. Weekly D2309a
73 So. 3d 310

Insurance — Homeowners — Settlement — Where insureds’ claim was settled by insurer’s payment to insureds to repair home, and insureds accepted insurer’s payment without reserving any rights to other claims, it was error to enter summary judgment for insureds in their subsequent action against insurer for damages due to loss of use of the home

36 Fla. L. Weekly D1081a
99 So. 3d 502

Insurance — Homeowners — Overhead and profit — Under terms of replacement cost policy, insured was not entitled to payment from insurer for overhead and profit where insured had not hired a contractor to repair fire damage to insured home

36 Fla. L. Weekly D1005a
59 So. 3d 1227

Insurance — Homeowners — Hurricane damage — Underpayment of claim — Interest — Prejudgment — Where insurer satisfied appraisal award within sixty days of filing of the award, as required by terms of insurance contract, insured was not entitled to prejudgment interest