2013

38 Fla. L. Weekly D1928a
121 So. 3d 1136

Insurance — Personal injury protection — Examination under oath not valid condition precedent to payment of PIP benefits where cause of action accrued prior to statutory amendment allowing EUOs — Moreover, issue of fact remained as to whether insured’s refusal to attend EUO under conditions required by insurer was unreasonable — Although insurer suggests action was about uninsured motorist benefits, not PIP benefits, initial complaint was timely amended to seek declaratory judgment on PIP claim, summary judgment included explicit ruling on claim that EUO was condition precedent to payment of PIP benefits under policy, and insurer never sought rehearing or clarification of order granting summary judgment

38 Fla. L. Weekly D2241b
136 So. 3d 622

Dissolution of marriage — Life insurance — Change of beneficiary — Federal preemption — It is unclear from record whether court had jurisdiction to order husband to change beneficiary on military group life insurance policy — If beneficiary designation is protected by federal Servicemembers’ Group Life Insurance Act, court is without jurisdiction to order change of beneficiary

38 Fla. L. Weekly D2548b
127 So. 3d 852

Insurance — Limitation of actions — Dismissal of insured’s complaint against insurer on ground of statute of limitations

38 Fla. L. Weekly D363a
111 So. 3d 909

Insurance — Life — Trial court properly entered summary judgment for insurer in action alleging breach of life insurance contract where insured did not sign application for insurance or consent in writing to the insurance contract and its terms — Insured’s alleged oral authorization of another to sign insurance application on his behalf did not constitute “applying for” the insurance policy — Insured’s signature on consent form for physical exam did not constitute consent in writing to the insurance contract and its terms

38 Fla. L. Weekly D1537a
118 So. 3d 250

Insurance — Liability — Trial court should have dismissed third-party complaint for declaratory judgment brought against liability insurer where there had been no settlement or verdict against insured — Party who was allegedly injured as result of insured’s negligence, but who has not obtained a settlement of verdict against insured, has no beneficial interest in insured’s policy with insurer and no cause of action against insurer has accrued — When an insurer demonstrates that the pre-suit requirements of section 627.4136, Florida Statutes, have not been met, certiorari review of an order denying a motion to dismiss is appropriate

38 Fla. L. Weekly D2116b
123 So. 3d 1184

Torts — Insurance — Professional liability — Nonjoinder of insurer — Trial court departed from essential requirements of law by granting plaintiff leave to add liability insurer as party defendant on a declaratory judgment claim where plaintiff had not yet obtained settlement or verdict against insured — Exception to rule allowing joinder of insurer after a judgment is entered or settlement reached occurs where insurer denied coverage under provisions of section 627.426(2) or defended under reservation of rights pursuant to section 627.426(2) — Separate action must be commenced against insurer to litigate issue of coverage — Error to deny insurer’s motion to dismiss

38 Fla. L. Weekly D2514a
127 So. 3d 822

Insurance — Homeowners — Venue — Trial court erred in denying domestic insurance company’s motion to transfer venue of action to recover under homeowners insurance policy from Miami-Dade County to Palm Beach County where insured property is located, where insurer’s only office for the transaction of business is in Duval County — Fact that insurer, a domestic corporation, is issuing policies to Miami-Dade homeowners does not make venue proper in Miami-Dade County — Domestic corporation may be sued only in place where it has an office for the transaction of customary business, place where cause of action accrued, or place where property at issue is located

38 Fla. L. Weekly S507a
121 So. 3d 433

Insurance — Homeowners — Replacement cost insurance — Replacement cost insurance includes overhead and profit where the insured is reasonably likely to need a general contractor for repairs — Under applicable statute and policy provisions, insurer was not permitted to withhold payment of overhead and profit until insured actually incurred these costs

38 Fla. L. Weekly D1909c
120 So. 3d 651

Insurance — Homeowners — Roof damage — Where policy provided for replacement cost coverage for any direct physical loss, unless caused by an enumerated exception not at issue in present case, insurer could not withhold payment on ground that insured had not actually incurred expenses to repair or replace roof or contracted to do so — Error to grant summary judgment in favor of insurer on basis that insured did not incur expenses or enter into contract to repair or replace damaged property

38 Fla. L. Weekly D67a
103 So. 3d 1032

Insurance — Homeowners — Proof of loss — Trial court erred in entering summary judgment in favor of insurer in action by insured on ground that insured failed to provide timely proof of loss, where there was factual issue as to whether insurer waived its right to rely on policy condition requiring submission of proof of loss within sixty days of insurer’s request by instructing insured to submit the proof of loss prior to or at examination under oath — There was also a factual issue as to whether insured’s cooperation by giving insurer a sworn proof of loss before summary judgment was entered was sufficient to avoid policy condition that no action can be brought against insurer unless there has been compliance with policy provisions