2014

39 Fla. L. Weekly D2581a
152 So. 3d 835

Insurance — Sinkhole claims — Error to enter summary judgment for insurer in insureds’ action alleging that insurer breached contract in denying claim for sinkhole damage on basis that insureds concealed a material fact in violation of policy by not disclosing report of insureds’ investigator who concluded that damage to property was caused by sinkhole activity

39 Fla. L. Weekly D245a
136 So. 3d 670

Insurance — Sinkhole claims — Neutral evaluation — Stay of court proceedings pending completion of neutral evaluation of claim — Insurer did not waive right to demand participation in neutral evaluation by participating in litigation — Statutory amendment providing for stay of court proceedings “regardless of when noticed” applies retroactively to policy issued prior to amendment — To extent trial court’s order denying stay pending neutral evaluation finds that insurer waived its right to neutral evaluation process by participating in litigation, the order meets jurisdictional prongs of certiorari review — Order constituted a departure from essential requirements of law — Because language of statute is mandatory, requiring that court proceedings “shall be stayed pending completion of the neutral evaluation,” portion of certiorari petition addressing trial court’s denial of stay is converted to petition for writ of mandamus, and writ is granted

39 Fla. L. Weekly D1299a
143 So. 3d 949

Insurance — Personal injury protection — Extended PIP provision of policy was ambiguous as to whether insurer’s liability for extended PIP benefits was limited to $10,000 or whether insurer was required to pay all insured’s medical expenses without limitation — Because ambiguity must be construed against insurer as drafter of policy, trial court erred in entering summary judgment for insurer in insured’s declaratory judgment action, finding that extended PIP coverage only allows for recovery of medical expenses until $10,000 limit is reached

39 Fla. L. Weekly D2178a
162 So. 3d 98

Insurance — Civil procedure — Relief from technical admissions — Circuit court, in affirming county court’s final summary judgment against insurer who had inadvertently filed a response to chiropractic facility’s request for admissions but promptly moved for relief, violated a clearly established principle of law, resulting in a miscarriage of justice — Circuit court correctly recognized that county court had abused its discretion in denying insurer’s motion for relief from technical admissions, where such denial is contrary to the true facts of the case and where the opposing party has not shown prejudice, but the circuit court erroneously affirmed on grounds insurer had not yet filed its affidavit opposing summary judgment — A party seeking relief from admissions is not required to file affidavits before the court hears the request — Circuit court also applied incorrect law to uphold trial court’s striking of insurer’s affidavit opposing summary judgment as repudiating previous depositions, but such case law does not apply to technical admissions

39 Fla. L. Weekly D491a
137 So. 3d 1049

Insurance — Personal injury protection — Exhaustion of benefits — Where reasonableness of a medical provider’s claim is still in dispute, post-suit exhaustion of benefits extinguishes provider’s right to further payments, so long as exhaustion is prior to the establishment of the amount to which the medical provider is entitled under PIP — Once PIP benefits are exhausted through payment of valid claims, insurer has no further liability on unresolved pending claims absent bad faith in the handling of the claim by the insurance company — Appeals — Certified questions from county court — Court discharges jurisdiction of one of the two cases before it in which county court certified three questions, as district courts have already ruled on one issue and have answered the question uniformly, and county court expressly did not rule or make any judicial determination on issues raised in the other two certified questions — Appeal in that case transferred to circuit court

39 Fla. L. Weekly D2561a
159 So. 3d 151

Insurance — Personal injury protection — Circuit court appellate division departed from essential requirements of law in finding that insurer was required to pay additional PIP benefits after $10,000 policy limits had been exhausted — Showing of bad faith is required before insurer can be held liable for benefits above the statutory limit

39 Fla. L. Weekly D1023a
139 So. 3d 380

Consumer law — Action by Department of Legal Affairs against automobile dealership alleging violations of Florida Deceptive and Unfair Trade Practices Act and Florida Consumer Collection Practices Act — Trial court erred in dismissing complaint on basis that Department was not the enforcing authority under FDUTPA where state attorney had deferred litigation against defendants — Error to dismiss complaint on basis of statute of limitations where only two allegations within complaint referred to time periods outside four-year statute of limitations — Trial court did not err in dismissing claim that defendants violated FDUTPA by adding credit life, credit disability, and GAP insurance to customers’ monthly payments without disclosing the items — This activity deals with insurance and is subject to regulatory authority of Office of Insurance Regulation — Error to dismiss claim that defendants installed GPS tracking devices on cars they sold without customers’ knowledge or authorization — Error to dismiss claim that defendants added a pre-delivery inspection fee to the price of their vehicles without proper disclosure — Dismissal could not properly be based on doctrine of res judicata because a defense of res judicata cannot be raised for first time in motion to dismiss — Error to dismiss claim that defendants kept customers’ deposits or binders without adequate disclosure — Trial court properly dismissed claim that defendants violated Florida Consumer Collection Practices Act on basis that Department did not establish its authority to bring a FCCPA claim — Error to dismiss claim that defendants violated FDUTPA by willfully using threats or threatened force or violence in their debt collection or willfully claimed or threatened to enforce illegitimate debts — Trial court properly dismissed claim that defendants engaged in business of a motor vehicle retail installment seller without a license where Department failed to sufficiently plead how the alleged violation caused actual damages to consumers — Error to dismiss claim that defendants wrongfully repossessed vehicles — Error to dismiss claim that defendants reported false sales and financing

39 Fla. L. Weekly D1636a
145 So. 3d 178

Unclaimed property — Life insurance funds — Statutory requirement that insurers remit to Department of Financial Services any life insurance funds that remain unclaimed for certain period of time after the funds become “due and payable” — Department’s declaratory statement interpreting statute to mean that life insurance funds become “due and payable” at time of insured’s death is clearly erroneous — Life insurance funds become due and payable at time insurer receives proof of death and surrender of policy, when insurer knows that insured has died, or when insured attained or would have attained limiting age — There is no requirement that insurers search death records in order to ascertain whether an insured had died

39 Fla. L. Weekly D361b
134 So. 3d 505
Insurance — Homeowners — Sinkhole loss — Under sinkhole loss settlement provision of policy, it was error for trial court to require insurer to pay replacement costs for subsurface sinkhole repairs before insureds contracted for the necessary repairs

39 Fla. L. Weekly D1756a
151 So. 3d 2

Insurance — Homeowners — Property damage — Sinkhole — Subsurface repairs — Error to order insurer to pay for subsurface repairs before homeowner entered into contract for these repairs where insurance policy contained loss settlement provision which authorized withholding of payment until homeowners entered into contract for repairs