2014

39 Fla. L. Weekly D2190e

NOT FINAL VERSION OF OPINION
Subsequent Changes at 40 Fla. L. Weekly D78a

Insurance — Commercial property — Sinkhole claim — Appraisal — Trial court erred in determining that appraisal clause in policy was unenforceable because policy provided that insurer retained right to deny claim following appraisal — Dispute over method of repair required to return property to its original state is subject to appraisal

39 Fla. L. Weekly D1491c
143 So. 3d 439

Insurance — Liability — Duty to defend and indemnify — Declaratory judgment — Error to enter summary judgment finding that insurer which issued commercial general liability policy and umbrella policy to residential community association had duty to defend and indemnify individual association member in wrongful death action alleging member negligently supervised child while using community swimming pool and, as a result, child drowned — Policies included endorsement that extended coverage to each individual member of association, “but only with respect to liability arising out of the ownership, maintenance or repair” of common elements, and factual issue existed as to whether member had an ownership interest in the community pool

39 Fla. L. Weekly D741a
140 So. 3d 609

Insurance — Professional liability — Claims-made policy — There was coverage under claims-made policy for a class action claim that was filed outside the policy period where the class action claim was based on the same or similar facts, circumstances, and transactions as a claim brought before the policy terminated — Under the multiple claims provision of the policy, the class action claim related back to the claim brought during the policy period — In entering summary judgment finding no coverage under policy, trial court erroneously analyzed coverage issue under reported wrongful act provision of policy rather than multiple claims provision

39 Fla. L. Weekly D2534e
153 So. 3d 943

Insurance — Commercial general liability — Duty to defend or indemnify — Officers and directors of insured professional service organization — Insurer owed officers and directors duty of defense on third-party complaint filed by former officer alleging defamation based on statements made by third-party defendants during their systematic plan to take control of organization and oust third-party plaintiff from power — Provision of policy providing coverage for personal injury caused by an offense arising out of insured’s business, including oral or written publication of material that slanders or libels a person, does not conflict with provision excluding coverage for employment-related practices such as defamation, as a defamatory utterance might arise out of a company’s business while not being employment-related — Coverage — Trial court’s determination that insurer did not have duty to indemnify third-party defendants was premature

39 Fla. L. Weekly D2164c
162 So. 3d 96

Civil procedure — Dismissal — Insurance — Insured’s action against insurer — Error to grant motion to dismiss for failure to state cause of action on basis of matters outside four corners of complaint, including allegations contained in the defendant’s motion to dismiss, defendant’s counterclaim for declaratory judgment, and exhibit attached to the counterclaim — Remand for entry of order denying motion to dismiss and for order granting plaintiff’s motion for defense cost determination under section 627.426(2)(b)3., with the circuit court left only to set the amount of such fee — Order granting motion for defense cost determination shall be without prejudice to the ultimate determination of the merits of the plaintiff’s causes of action and the defendant’s counterclaim

39 Fla. L. Weekly D1038a
139 So. 3d 394

Torts — Insurance brokers — Negligent failure to procure appropriate insurance coverage — Limitation of actions — Trial court erred in entering summary judgment for defendant insurance broker in action alleging failure to procure liability coverage for debt collection activities on ground that statute of limitations had run — Cause of action for negligent failure to procure coverage did not accrue until underlying claims for violation of Fair Debt Collection Practices Act were settled

39 Fla. L. Weekly D1988a
150 So. 3d 804

Insurance — Uninsured motorist — Bad faith — Jury’s determination of damages in first trial, which also established liability of tortfeasor, was binding on insurance company in bad faith trial — Circuit court did not err by treating excess verdict from UM trial as conclusive evidence of plaintiff’s damages in the bad faith trial

39 Fla. L. Weekly D425c
132 So. 3d 941

Insurance — Uninsured motorist — Bad faith — Insurer is not entitled to writ of certiorari with regard to trial court’s order denying insurer’s motion requesting court to enter final judgment in accordance with insurer’s confession of judgment and granting insured’s motion to amend complaint seeking underinsured motorist benefits to add claim for bad faith after insurer had tendered to insured the policy limits under the UM policy — Insurer is not entitled to obtain writ of certiorari where there is no showing of irreparable harm — Order, which, at most, might cause a delay in insurer’s ability to remove matter to federal court, does not result in irreparable harm — Because, in the event trial court’s order is reversed on appeal, insured will have to file a new, separate action for bad faith if he wishes to continue pursuing his bad faith claim, insurer would then be able to remove the action, so that there is no threat of permanent deprivation of removal right — Order allowing insured to amend complaint to add a bad faith claim did not rise to level of a departure from essential requirements of law — Although court declined to enter final judgment on UM claim, there is no indication that any further litigation on that claim is contemplated — Court simply declined to enter final judgment until the bad faith claim was resolved, at which point it would add amount of verdict on that claim, if any, to the partial judgment for UM policy limits — Order did not require insurer to simultaneously defend both UM claim and bad faith claim

39 Fla. L. Weekly D1880a
152 So. 3d 606

Insurance — Homeowners — Bad faith failure to settle claim — Trial court erred in entering summary judgment for insurer in insureds’ bad faith action on ground that bad faith action was not ripe because insurer’s liability for breach of contract had not been determined — Bad faith action was ripe where insurer’s liability for coverage and extent of insureds’ damages had been determined by appraisal award, although there had been no determination of insurer’s liability for breach of contract — Court recedes from decision which held that insurer’s liability for breach of contract must be determined before bad faith action becomes ripe

39 Fla. L. Weekly D1987d
152 So. 3d 614

Insurance — Uninsured motorist — Bad faith refusal to settle — Abatement — Appeals — Certiorari — Trial court did not depart from essential requirements of law by abating, rather than dismissing, plaintiff’s claim against UM insurer for bad faith refusal to settle, even though abatement may preclude insurer from removing the case to federal court — Although inability to remove action to federal court constitutes irreparable harm, case law supports trial court’s abatement of bad faith action in lieu of dismissal