2015

40 Fla. L. Weekly D119a
154 So. 3d 467

Insurance — Coverage by estoppel — Cause of action exists for coverage by estoppel where insurer made statements and undertook actions which led insured business owner to believe she had coverage for underlying action — It was for trier of fact to determine ultimate weight to give insurer’s conduct versus reasonableness of insured’s reliance

40 Fla. L. Weekly D574a
159 So. 3d 285

Insurance — Bad faith — Discovery — Premature action — Appeals — Certiorari — Nonfinal order denying motion to dismiss premature bad faith action is not subject to interlocutory review — Petition for certiorari review dismissed without prejudice to defendants’ moving to abate bad faith action — Discovery — Petition granted with respect to claim that trial court erred in overruling objection to plaintiff’s premature bad faith discovery requests

40 Fla. L. Weekly D2656e
180 So. 3d 190

Insurance — Medical malpractice liability — Bad faith — Insurer’s timely tender of its policy limits barred an action against insurer for bad faith failure to pay its policy limits, but did not bar action alleging that insurer acted in bad faith in making an offer to arbitrate which entailed admitting liability without making the offer contingent upon a limit of general damages — Trial court erred in entering summary judgment for insurer where there was factual issue as to whether insurer participated in deciding to offer to arbitrate

40 Fla. L. Weekly S221b

Insurance — Bad faith — Discovery — Attorney-client privilege

40 Fla. L. Weekly S265a
164 So. 3d 663

Insurance — Bad faith failure to settle claim — Citizens Property Insurance Corporation — Immunity — A statutory first-party bad faith cause of action is not an exception to the immunity granted to Citizens Property Insurance Corporation by the Florida Legislature — Legislature never listed such claims as one of the exceptions to Citizens’ immunity, and instead chose to immunize Citizens for any action taken by it in the performances of its duties under the statute, which necessarily includes a breach of the duty of good faith — No merit to District Court’s conclusion that the statutory cause of action for first-party bad faith is a tort or, specifically, a “willful tort,” thereby placing it in the list of statutory exceptions to immunity

40 Fla. L. Weekly D1836a
173 So. 3d 1058

Insurance — Automobile liability — Exclusions — There was no coverage under insured’s personal auto policy for the death of an infant who was left for seven hours in a parked van driven by insured for a daycare center — Coverage was excluded under exclusion for “Any vehicle, other than ‘your covered auto’, which is furnished or available for your regular use” — Coverage was also excluded under exclusion for “any vehicle while it is being used for or in the course of ‘your’ employment or occupation” — There was a direct causal connection between the use of the van and the infant’s death

40 Fla. L. Weekly D308a
157 So. 3d 365

Insurance — Automobile liability — Coverage — Attorney’s fees — Under “Additional Payments” provisions of policy, which provided that insurer would pay all court costs charged to an insured in a covered lawsuit, insurer was obligated to pay attorney’s fees assessed against its insured pursuant to offer of judgment statute

40 Fla. L. Weekly D2276a
177 So. 3d 56

Insurance — Automobile liability — Costs — Trial court did not err in adjudicating insurer jointly and severally liable with its insured for plaintiff’s taxable litigation costs — Insurer’s claim that cost judgment was defective because it did not contain sufficient findings to support court’s joinder of insurer was not preserved for appellate review where insurer did not file motion for rehearing to alert court to alleged defect — Even if preserved, the claim is without merit — There is no merit to claim that insurer was improperly joined in the judgment because plaintiff failed to comply with statutory notice provision — Because insurer chose to litigate, policy afforded coverage for taxable litigation costs under supplemental payments section, which provided that insurer would pay other reasonable expenses incurred at insurer’s request — Conflict certified

40 Fla. L. Weekly D2090a
173 So. 3d 1142

Torts — Automobile accident — Insurance — Nonjoinder of insurer in action against insured — Trial court departed from essential requirements of law by refusing to dismiss count against tortfeasor’s insurer alleging breach of contract based on insurer’s alleged presuit agreement with plaintiff to pay policy limits to settle lawsuit — Plaintiff could not join insurer as party defendant until she obtained either judgment against or settlement with insured

40 Fla. L. Weekly D21a
152 So. 3d 855

Insurance — Automobile — Excess coverage — Uninsured motorist — Trial court properly entered declaratory judgment determining that Florida Municipal Insurance Trust agreement with city-member provided excess insurance and not primary insurance for automobile accidents — Self-retention endorsement providing that Trust member would not only cover claims within self-retained limit but would provide for its own defense of such matters was not a deductible provision, but provided primary layer of exposure, with FMIT policy providing excess coverage over self-retained limit — Accordingly, Trust’s only obligation under statute was to offer UM coverage at time trust was initially created, which it did