2014

39 Fla. L. Weekly D2215b
148 So. 3d 1284

Insurance — Bad faith — Discovery — Attorney-client privilege — Documents from insurer’s attorney’s litigation file in underlying coverage case — Trial court departed from essential requirements of law in requiring production of attorney-client privileged material on grounds that the privileged information did not pertain to bad faith aspects of case

39 Fla. L. Weekly D213a
129 So. 3d 1210

Insurance — Bad faith failure to settle claim — Citizens Property Insurance Corporation — Trial court erred in dismissing complaint against Citizens Property Insurance Corporation, alleging failure to attempt in good faith to settle claim, on ground that Citizens is immune from suit — Citizens’ immunity does not extend to the willful tort of failing to attempt to settle claims in good faith — Conflict certified — Question certified: Whether the immunity of Citizens Property Insurance Corporation, as provided in section 627.351(6)(s), Florida Statutes, shields the corporation from suit under the cause of action created by section 624.155(1)(b), Florida Statutes for not attempting in good faith to settle claims?

39 Fla. L. Weekly D1181c
139 So. 3d 949

Insurance — Automobile liability — Nonjoinder of insurers — Joinder of city’s insurer, prior to entry of judgments, based on an accident involving a city vehicle — Where trial court had previously erred in entering amended final judgments and adding insurer without first determining whether plaintiff met the condition precedent of 627.4136(1) by obtaining a verdict against a city who was an insured under the terms of the liability policy for a cause of action which was covered by such policy, trial court’s order on remand which again granted motion to join insurer, with no findings, statements or comments regarding the satisfaction of the condition precedent, fails to comport with the clear instructions on remand — Final amended judgment is reversed and remanded with instructions to strike insurer as a defendant

39 Fla. L. Weekly D1337e
141 So. 3d 690

Wrongful death — Insurance — Nonjoinder of insurer in action against insured — Trial court departed from essential requirements of law by denying excess liability insurer’s motion to dismiss count in which personal representative sought declaratory judgment to determine nature and extent of coverage under policy issued by insurer to defendant county, which owned and operated tractor-trailer rig involved in accident in which decedent was killed — Conditions precedent had not been met where plaintiff had not obtained judgment or settlement on wrongful death claim against county

39 Fla. L. Weekly D2301a
152 So. 3d 654

Insurance — Automobile accident — Excess liability — Coverage — Trial court erred in entering summary judgment, determining permissive user of automobile was covered under automobile owner’s umbrella policy, where an issue of material fact remains regarding whether the insured satisfies umbrella policy’s requirement that he could be “legally obligated” to pay damages — Trial court never determined the legal obligation of insured, who was not named as a defendant

39 Fla. L. Weekly D962b
161 So. 3d 438

Insurance — Automobile — Liability — Policy issued to Boy Scouts of America which covered its registered volunteers, but only when volunteers were “participating in an Official Scout Activity and in the scope of their duties as such” — Volunteer whose responsibility was to encourage scouts to advance by completing requirements for whatever badge level they were working toward was acting within scope of his duties at time of collision where he had been assisting scout in completing Eagle Scout project at cemetery, had driven home for sole purpose of retrieving camera to photograph completed project, and was involved in collision as he was returning home after having made photographs — Excess endorsement to policy did not exclude coverage because vehicle was not in “actual use of a Scouting Unit” when the accident occurred — When vehicle is used by registered volunteer while volunteer is participating in official scout activity and acting within the scope of his duties, it is in the “actual use of the Scouting Unit,” as that phrase is intended in policy

39 Fla. L. Weekly D909b
138 So. 3d 520

Insurance — Automobile liability — Trial court properly found that there was no coverage under policy where policy had expired — Insurer complied with requirement that it provide notice of payment due in advance of due date, advising insured that renewal premium was due in order to maintain policy in force, by sending notice to address provided by insured in application, which is the same address contained in the policy and on the declarations page

39 Fla. L. Weekly D1907b
146 So. 3d 139

Insurance — Automobile liability — Bad faith — Discovery — Attorney-client privilege is applicable to discovery sought by injured party in third-party bad faith action against liability insurer where there was been no assignment from insured to injured party — Trial court departed from essential requirements of law in ordering attorney for insured and insurer to submit to deposition and produce documents without adequate consideration of insured’s attorney-client privilege — Question certified: Do the decisions in Allstate Indemnity Co. v. Ruiz, 899 So. 2d 1121 (Fla. 2005), and Genovese v. Provident Life & Accident Insurance Co., 74 So. 3d 1064 (Fla. 2011), shield attorney-client privileged communications from discovery in third-party bad faith litigation?

39 Fla. L. Weekly D2407a
152 So. 3d 673

Insurance — Automobile dealer’s open lot policy — Policy provided coverage for damage to automobile from an accident that occurred when dealership’s owner was driving vehicle to another dealership for inspection and possible servicing — For purpose of policy provision which provided coverage for an automobile during a test drive, accident occurred during a test drive — It is not necessary for potential purchaser of vehicle to be driving vehicle in order for the drive to be a test drive — Insured properly proved damages

39 Fla. L. Weekly D627a
134 So. 3d 968

Attorney’s fees — Insurance — Uninsured motorist — No error in denying plaintiff’s request for attorney’s fees after insurer voluntarily paid remainder of plaintiff’s UM claim where plaintiff’s prayer for relief included demand for reasonable attorney’s fees pursuant to sections 627.428 and 627.727(8) — Statutes at issue do not apply in action against UM insurer unless there is dispute over whether policy provides coverage for an uninsured motorist proven to be liable, and instant case did not involve such a dispute