2013

38 Fla. L. Weekly D2221a
125 So. 3d 330

Insurance — Homeowners and personal liability — Exclusions — Policy exclusion of coverage for “bodily injury or property damage arising out of the care or custody of animals not owned by an insured,” was applicable, under Alabama law, to exclude coverage for injury to claimant who drove a motor scooter between insured and insured’s neighbor’s dog which insured was walking on a retractable leash which claimant ran into and fell from scooter

38 Fla. L. Weekly D900a
114 So. 3d 286

Insurance — Homeowners — Exclusions — Trial court properly entered summary judgment for insurance company which denied coverage for damage to tile floor caused by insured’s having dropped hammer causing floor to chip, claiming the damage constituted “marring” which was excluded from coverage — Damage to the tile floor did constitute marring by plain language interpretation

38 Fla. L. Weekly D2313a
128 So. 3d 820

Insurance — Environmental policy — Storage tank liability insurance policy on gas station — Action against surplus lines insurance carrier which denied coverage of storage tank incident based on conclusion that incident took place prior to retroactive date of policy — Jurisdiction — Foreign forum selection clause — Insured failed to show that mandatory foreign forum selection clause at issue in this case violated any of the factors set forth by Florida Supreme Court in Manrique v. Fabbri — Trial court erred in denying motion to dismiss based upon improper forum

38 Fla. L. Weekly D2077a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 39 Fla. L. Weekly D91a

Insurance — Personal injury protection — Coverage — Medical expenses — MRI — Discovery action filed by insurer pursuant to section 627.736(6)(c) seeking written documentation of MRI equipment used and proof of accreditation, as well as various other documents — Petition for writ of prohibition seeking to quash circuit court’s discovery order denied, as prohibition may not be used to revoke order already entered — Jurisdiction — Insurer’s discovery action was equitable action which fell within jurisdiction of circuit court although amount in controversy did not exceed county court’s jurisdictional amount — Petitioner failed to allege or prove material injury or irreparable harm, elements necessary to obtain writ of certiorari

38 Fla. L. Weekly D1685a
123 So. 3d 599

Insurance — Discovery — Conclusion and/or resulting impression from last twenty independent medical examination or compulsory medical examination reports prepared by insurer’s expert witness for insurer and insurer’s law firm — Redaction of patient record information and medical information does not sufficiently protect privacy rights of non-parties

38 Fla. L. Weekly D85b
106 So. 3d 5

Insurance — Homeowners — Discovery — Claims files and claims handling materials — Trial court improperly entered discovery order requiring insurer to produce claim manuals and/or guidelines relating to certain policy language, and to provide a representative to testify as to claims manual, guidelines, and insurance policy, where there has been no determination of coverage for loss

38 Fla. L. Weekly D1745b
121 So. 3d 606

Declaratory judgment — Insurance — Duty to defend — Discovery — Insurer’s claims file — Premature discovery — Coverage still in dispute

38 Fla. L. Weekly D2226a
124 So. 3d 379

Insurance — Discovery — Trial court departed from essential requirements of law in ordering production of insurer’s claims file in breach of contract action by insureds when issue of coverage had not been determined

38 Fla. L. Weekly D619a
123 So. 3d 1162

Insurance — Personal injury protection — Discovery — Attorney-client and work product privileges — Action by insurers against medical providers seeking monetary damages — Trial court did not depart from essential requirements of law in granting defendant medical providers’ motion to take depositions of plaintiffs’ attorneys who prepared master summary chart consisting of combination of PIP files generated by plaintiffs and medical and billing charts generated by defendants which was to be used as a trial exhibit

38 Fla. L. Weekly D1630a
118 So. 3d 919

Insurance — Coverage — Declaratory judgment — Jurisdiction — No merit to claim that circuit court lacked subject matter jurisdiction to determine whether personal injury liability policy excluded plaintiff from coverage because the amount in controversy, excluding the insurer’s cost of providing its insured with a defense, did not meet the jurisdictional threshold — Pecuniary value of insurer’s obligation to tender a defense to its insured in the underlying suit is properly considered in determining existence of jurisdictional amount in an action to determine coverage