2013

38 Fla. L. Weekly D286a
125 So. 3d 201
Insurance — Automobile liability — Duty to defend — Action by one insurer against another insurer alleging that defendant breached its duty to defend plaintiff’s insureds in a personal injury action, and seeking indemnification for attorney’s fees and costs expended in defending its insureds — Anti-subrogation rule — Trial court did not err in granting summary judgment in favor of plaintiff insurer on claim that defendant breached its duty to defend plaintiff’s insureds in personal injury action against plaintiff’s insureds and defendant’s insured, who contracted with plaintiff’s insureds for provision of trucking services and who, as part of the subcontract, agreed to maintain policy of automobile liability insurance which would be primary and further agreed to defend, indemnify, and hold plaintiff’s insureds harmless for claims, damages, and losses arising out of negligent acts or omissions — Anti-subrogation rule did not apply where there was a specific and contractual obligation of indemnification in favor of plaintiff’s insureds that shifted exposure from plaintiff, leaving defendant with the primary obligation to defend actions arising out of its insured’s negligence

38 Fla. L. Weekly D2244a
124 So. 3d 402

Insurance — Automobile liability — Bad faith failure to settle — Jurisdiction — Foreign state insurer — Third-party bad faith action against foreign insurer which issues policies only to Michigan drivers alleging bad faith failure to settle claim against insured, a Michigan resident, arising out of accident which occurred in Florida — Trial court properly found that it did not have jurisdiction under subsection of long-arm statute which refers to “contracting to insure any person, property, or risk located within this state at the time of contracting” — Trial court erred in finding that it did not have jurisdiction under subsection of statute which allows for jurisdiction over a defendant who has breached a contract in state by failing to perform acts required by contract to be performed in state — Allegation that insurer never procured affidavits from insured regarding other insurance, resulting in settlement offer not being accepted, sufficiently alleged a failure to perform an act required to be performed in state because, without procuring the affidavits, the affidavits could not be delivered to attorney in Florida — Minimum contacts — Because policy obligated insurer to exercise good faith in defending insured in any state, it should have foreseen that a breach of that duty in Florida would subject it to being haled into a Florida court — Trial court erred in dismissing action for lack of personal jurisdiction

38 Fla. L. Weekly D178a
109 So. 3d 236

Insurance — Automobile liability — Bad faith — Trial court departed from essential requirements of law in denying insurer’s motion to dismiss insured’s post-verdict bad faith cross-claim against insurer in wrongful death action against insured — Bad faith claim must be raised in separate cause of action and cannot be brought in an underlying tort action — Denial of motion to dismiss cross-claim has practical effect of preventing insurer from removing action to federal court based on diversity jurisdiction

38 Fla. L. Weekly D2057a
122 So. 3d 484

Insurance — Automobile liability — Appeals — Orders in declaratory action finding to be reasonable and made in good faith a consent judgment entered into by insured after insured had refused insurer’s representation because insurer issued reservation of rights, and striking insurer’s defenses regarding the consent judgment, are non-final, non-appealable orders where related claims remain pending between parties

38 Fla. L. Weekly D749a
111 So. 3d 208

Insurance — Automobile dealership inventory — Coverage — Titled vehicle held for sale at location scheduled on Declarations — Accident occurring when owner of dealership was en route to have car inspected by another dealer with a planned pick-up by buyer following the inspection — Vehicle was a “titled” vehicle within meaning of policy although dealer had not filed for certificate of title and filed dealer reassignment form — Appeals — Effective review of final judgment entered in favor of insurer is not possible where grounds upon which court found for insurer do not appear and it is possible that trial court may have found for the insurer based upon erroneous conclusion that the vehicle was not a “titled” vehicle — Remand for entry of amended final judgment

38 Fla. L. Weekly D814a
125 So. 3d 864

Insurance — Automobile — Theft — Non-renewal of policy — No error in denying coverage for theft of automobile which occurred after non-renewal of policy — U.S. postal proof of mailing of notice of intention not to renew addressed to insured at address shown in policy was sufficient proof of notice as matter of law, and mere denial of receipt by insured was not sufficient to establish lack of notice — Trial court correctly concluded that insurer did not act arbitrarily or capriciously in refusing to renew policy after insurer discovered that insured’s husband’s driver’s license was suspended, given unrebutted evidence that insurer had internal policy prohibiting driver exclusions on a spouse of an insured — Promissory estoppel — Driver Exclusion Agreement, which excluded certain coverages while insured’s spouse was operating a vehicle, did not constitute a promise that policy would provide coverage that would extend beyond its expiration — Moreover, insured failed to raise genuine issue of material fact regarding reasonableness of her reliance on Driver Exclusion Agreement as a promise that policy would extend beyond the policy’s stated expiration date, especially after insurer sent non-renewal notices for policies on two different vehicles

38 Fla. L. Weekly D562a
125 So. 3d 263

Attorney’s fees — Insurance — Insurer is not precluded as matter of law from seeking attorney’s fees under section 627.428 — Liability carrier, which settled claims against insured and obtained assignment of insured’s right to pursue claims against another liability insurer for failing to fulfill duty to defend and indemnify, was entitled to award of attorney’s fees pursuant to section 627.428 when trial court determined that property damage which gave rise to claims against the insured occurred during defendant-carrier’s policy period

38 Fla. L. Weekly D1654a
118 So. 3d 314

Insurance — Attorney’s fees — Offer of settlement — Nominal offer — Error to deny insurer award of attorney’s fees on basis that insurer’s nominal offer of settlement to insured was made in bad faith — Where insured failed to comply with conditions precedent to filing lawsuit against insurer, insurer had reasonable basis to believe that its exposure was nominal

38 Fla. L. Weekly D392a
112 So. 3d 504

Insurance — Commercial general liability — Attorney’s fees — Where university was an additional named insured on policy issued to company which ran a summer swim camp for children using the pool on the university’s campus, university was entitled to be indemnified for attorney’s fees and costs incurred in hiring its own attorney to defend action alleging that both company which ran camp and university were directly negligent in causing injuries to a camper, after insurer retained one law firm to represent both defendants — There was a conflict of interest in providing single counsel to represent both named insured and additional insured — Where both named insured and additional insured have been sued, and the allegations claim that each is directly negligent for the injuries sustained, a conflict between the named insured and the additional insured exists that would require the insurer to provide separate and independent counsel for each

38 Fla. L. Weekly D1576b
116 So. 3d 1288

Insurance — Attorney’s fees — Circuit court departed from essential requirements of law in denying insurer appellate attorney’s fees under proposal for settlement statute on ground that motion for appellate attorney’s fees was insufficient because it did not reference a provision of the insurance policy providing for an award of attorney’s fees