2014

39 Fla. L. Weekly D1727a
147 So. 3d 109

Insurance — Uninsured motorist — Jurisdiction — Once insurer confessed judgment for its policy limits, trial court lacked jurisdiction to take any action other than to enter judgment in amount of UM policy limits in favor of insured — Trial court departed from essential requirements of law by allowing insured to amend complaint to add count for declaratory judgment to determine apportionment of liability and total amount of damages suffered by insured — Insured not precluded from litigating damages issue on bad-faith claim, which is separate and distinct from the judgment entered in this case based on insurer’s contractual obligations under policy

39 Fla. L. Weekly D2553b
152 So. 3d 803

Insurance — Automobile accident — Uninsured motorist — Trial court did not err in granting directed verdict for insurer and in denying plaintiff’s motion for new trial where plaintiff had stated on the record that she did not want the uninsured motorist claim against unidentified third vehicle to go to the jury, and her counsel accepted both jury instructions and verdict form, thus essentially dismissing the claim

39 Fla. L. Weekly D624a
137 So. 3d 503

Insurance — Uninsured motorist — Damages — Additur — Denial — Appeals — Jurisdiction — Motion for additur was not timely served under rule 1.530(b) where it was not filed with trial court until 19 days after return of jury verdict — Untimely motion for additur did not suspend rendition of final judgment — Appeal dismissed as untimely

39 Fla. L. Weekly D1575b
158 So. 3d 640

Insurance — Uninsured motorist — Compulsory medical examination — Failure to attend — Error to enter summary judgment in favor of insurer after insured failed to appear for medical examination without finding of material breach by insured or finding of prejudice to insurer because of insured’s noncompliance with a policy provision

39 Fla. L. Weekly S122a
135 So. 3d 1071; 135 So. 3d 280

Insurance — Uninsured motorist — Compulsory medical examination — An insured’s breach of a compulsory medical examination provision in an uninsured motorist policy of insurance does not result in forfeiture of benefits unless the insurer pleads and proves it was prejudiced as part of its affirmative defense — CME provision in UM context is a post-loss obligation of insured, not a condition precedent to coverage — Undisputed facts in instant case demonstrate that insurer was not prejudiced by insured’s refusal to submit to CME prior to initiation of litigation

39 Fla. L. Weekly D1965e
150 So. 3d 252

Torts — Negligent misrepresentation — Insurance — Uninsured motorist — Error to dismiss with prejudice complaint alleging that insurer’s agent made false statement about extent of insured’s stacked UM coverage, that agent knew or should have known that statement was false, that statement was made to induce insured to keep coverage and pay higher premium, and that insured was injured due to reliance on misrepresentation

39 Fla. L. Weekly D140a
134 So. 3d 1073

Attorney’s fees — Insurance — Title — Action by insured against insurer alleging that title insurer had breached insurance contract and had acted in bad faith when it denied coverage and refused to finance appeal in earlier property-dispute litigation in which insurer had asserted insured’s claim to way of necessity to landlocked property and which resulted in judgment finding that insured had created its own lack of access — Counterclaim by insurer for attorney’s fees incurred in property-dispute litigation and for section 57.105 fees as sanction against insured — No error in awarding insurer fees incurred in prosecuting property-dispute litigation in which it asserted insured’s claim to way of necessity for access to landlocked property where insurer reserved right to seek reimbursement if action was later determined not to be covered under policy — No error in awarding fees pursuant to section 57.105 as sanction for insured’s frivolous complaint

39 Fla. L. Weekly D1159a
147 So. 3d 1019

Insurance — Sinkhole claims — Neutral evaluation — Error to deny stay of action pending neutral evaluation of sinkhole claim — Insurer’s participation in litigation did not constitute waiver of right to stay

39 Fla. L. Weekly D2182a
148 So. 3d 547

Insurance — Sinkhole claims — Neutral evaluation — Trial court improperly sustained insureds’ objection to Citizens Property Insurance Corporation’s notice of automatic stay on basis that Citizens waived its right to neutral evaluation — Trial court directed to stay proceedings pending completion of neutral evaluation process

39 Fla. L. Weekly D1257a
161 So. 3d 463

Insurance — Sinkhole claims — Neutral evaluation — Trial court improperly sustained insured’s objection to insurer’s notice of stay of breach of contract litigation pending neutral evaluation of sinkhole claim — Insurer did not waive right to neutral evaluation by participating in litigation