2016

41 Fla. L. Weekly D278a
185 So. 3d 575

Insurance — Discovery — Trial court departed from essential requirements of law in ordering insurer to produce portions of its adjusters’ claims files to medical provider in first-party non-bad-faith cases

41 Fla. L. Weekly D837b
189 So. 3d 993

Insurance — Directors and Officers Liability — Exclusions — Trial court properly entered declaratory judgment finding that insurer was not liable for payment of judgment against president and CEO of insured corporation in favor of former director and shareholder of corporation due to the exclusion for “insured versus insured” claims

41 Fla. L. Weekly D60c
186 So. 3d 11

Insurance — Commercial general liability — Coverage — Garnishment proceeding against insurer seeking recovery of damages awarded to judgment creditors in construction defect action against insured contractor — Trial court properly found the damages awarded for cost to access and repair water damage were covered by insured contractor’s CGL policy — Trial court erred in finding that attorney’s fees awarded against contractor were not covered by policy where policy contained supplementary payment provision that provided insurer would pay all costs taxed against insured in “ ‘suit’ against an insured [it] defend[s]”

41 Fla. L. Weekly D2696a
208 So. 3d 230

Insurance — Commercial automobile policy — Pretrial stipulation — Where insured brought declaratory judgment action seeking declaration that there was a theft of insured’s truck under terms of policy, and parties’ joint pretrial stipulation established that the only issue for determination by jury was whether insured’s truck had been lost due to theft, trial court erred in exceeding the scope of the pretrial stipulation by making separate finding that insured failed to establish damages after declaratory judgment had been entered in favor of insured — Insurer’s motion for summary judgment alleging that policy was cancelled prior to theft of insured’s truck was properly denied where documents in support of motion for summary judgment were neither verified nor authenticated — Although documents offered to prove cancellation were also attached to sworn deposition of insurer’s representative, the documents could not be used as proper summary judgment evidence where the documents were not sufficiently authenticated under the business records exception to the hearsay rule

41 Fla. L. Weekly D2098a
202 So. 3d 877

Insurance — Commercial — Exclusions — Entrustment — Provision excluding coverage for loss or damage resulting from any dishonest or criminal act by anyone to whom insured entrusts property is applicable to exclude coverage for damage caused to real property and theft of business personal property by tenant to which insured had leased the property — Lease of property to tenant was an entrustment

41 Fla. L. Weekly D1288c
199 So. 3d 970

Insurance — Homeowners — Class action — Trial court departed from essential requirements of law by denying motion to dismiss, for failure to exhaust administrative remedies, a class action suit against insurer and its managing general agent alleging insurer improperly collected a managing general agent fee on all of its insurance policies, in violation of Florida law, because insurer’s MGA did not place insurance policy and was not acting as a legitimate MGA — Challenge to MGA fee was administrative matter related to rate and premium which should have been initially addressed with Office of Insurance Regulation — Whether MGA fee can be charged for each policy, regardless of whether insurer’s MGA actually placed the policy with the insurer, is regulatory issue that agency should resolve

41 Fla. L. Weekly D2660a
215 So. 3d 90

Appeals — Non-final orders — Order denying Citizens Property Insurance Corporation’s motion to dismiss and/or strike two counts of complaint and abating those counts until coverage or extent of liability are determined is non-final, non-appealable order — Record does not support contention that trial court’s order was one determining as matter of law that sovereign immunity was not available — Appeal dismissed

41 Fla. L. Weekly D381a
185 So. 3d 675

Insurance — Trial court erred in dismissing insureds’ breach of contract action against insurer on basis of counsel’s failure to appear at case management conference without findings that counsel’s failure to appear was flagrant, willful, persistent, or aggravated

41 Fla. L. Weekly D2539a
203 So. 3d 1013

Insurance — Venue — Actions against insurance company for bad faith failure to settle and against company’s attorney for legal malpractice — Order denying motion to sever or bifurcate counts is not an appealable non-final order — Venue was proper in county where one of defendants resided — Trial court did not abuse discretion in denying motion to transfer venue for forum non conveniens

41 Fla. L. Weekly D156a
190 So. 3d 136

Insurance — Uninsured motorist — Bad faith — Circuit court did not, at time of its actions, depart from essential requirements of law when, after entering partial final judgment for insured on UM claim after insurer tendered its policy limits, it simultaneously granted insured’s motion to amend complaint to add first-party bad faith claim — At time of orders at issue, there was no binding authority from district court on underlying issue of whether, under these circumstances, insured was required to file new bad-faith action, and there was split of authority between sister district courts on this issue — Petition for writ of certiorari denied