2017

42 Fla. L. Weekly D596e
207 So. 3d 288

Torts — Insurance brokers — Error to enter directed verdict in favor of broker on claim that broker negligently failed to procure international liability, auto, and workers’ compensation insurance to cover Bahamian corporation and its employees working in the Bahamas — Verdict finding broker was 35% negligent in procuring policy listing Florida corporation rather than Bahamian company as named insured was supported by evidence that broker breached standard of care and that plaintiff sustained damages when he was injured in the Bahamas in a work-related automobile accident for which there was no coverage — Remand for reinstatement of jury verdict

42 Fla. L. Weekly D2226a
230 So. 3d 1

Insurance — Bad faith — Insured’s action against insurer — Condition precedent — Civil remedies notice — Trial court erred by entering final summary judgment in favor of insurer on ground that insured did not timely send CRN as required by statute and therefore could not maintain its bad faith cause of action where record undisputedly established that insurer received insured’s CRN nearly four years before bad faith suit was filed and responded to the CRN without challenging its service

NOT FINAL VERSION OF OPINION
Subsequent Changes at 43 Fla. L. Weekly D200a

Insurance — Homeowners — Sinkhole claim — Bad faith — An insured is not required to wait until the appraisal process is completed before filing a civil remedy notice — The filing of a civil remedy notice before the appraisal process is complete and damages are determined does not render the CRN a legal nullity, thereby precluding a bad faith claim

42 Fla. L. Weekly D351c
208 So. 3d 1289

Insurance — Automobile liability — Coverage — Trial court erred in determining that there was coverage by operation of estoppel where insured failed to prove prejudice

42 Fla. L. Weekly D1833a
230 So. 3d 62

Insurance — Automobile liability — Coverage — Insurer which undertook defense of insured in wrongful death action could not subsequently decline coverage based on coverage defense of breach of duty to cooperate where insurer failed to comply with Claims Administration Statute, section 627.426, Florida Statutes — Where insurer did not refuse to defend insured within sixty days of its reservation of rights, and could not obtain either a non-waiver agreement from insured or insured’s agreement for the appointment of independent counsel to represent insured because insured had absconded, insurer waived its coverage defense by continuing to defend insured

42 Fla. L. Weekly D110a
208 So. 3d 810

Insurance — Automobile liability — Bad faith failure to settle — Trial court erred in denying insurer’s motion for directed verdict on insured’s bad faith claim where evidence, taken in light most favorable to insured, showed that insurer unconditionally tendered policy limits to decedent’s estate nine days after accident, insurer notified insured that the estate wanted a statement 17 days after the request was received by claims adjuster, and insured subsequently failed to provide a statement to the estate despite having opportunity to do so before suit was filed — Moreover, even if insurer’s conduct were deficient, its actions did not cause excess wrongful death judgment rendered against insured

42 Fla. L. Weekly D178a
211 So. 3d 73

Insurance — Automobile — Exclusions — Damage to property being transported by insured — Trial court properly found that exclusion for damage to property being transported by insured was applicable to exclude coverage for damage to insured’s friend’s motorcycle which was in a trailer being hauled by insured vehicle being driven by insured in which the friend was a passenger when the trailer overturned

42 Fla. L. Weekly D2463a
229 So. 3d 911

Attorney’s fees — Justiciable issues — Claim or defense not supported by material facts or applicable law — Trial court improperly awarded attorney’s fees in favor of insurance company as a sanction for insured’s filing of frivolous complaint without making requisite findings of fact in order — Court also erred in imposing joint and several liability on law firm and insured — Under circumstances, each could be responsible for only fifty percent of attorney’s fee sanction

42 Fla. L. Weekly D852a
216 So. 3d 723

Attorney’s fees — Purchaser’s action against motor vehicle dealer and surety on motor vehicle dealer bond, which included deceptive and unfair trade practices claims on which purchaser prevailed — Trial court erred in holding surety jointly and severally liable for attorney’s fees and costs pursuant to Florida Deceptive and Unfair Trade Practices Act — Fees against surety should have been awarded pursuant to section 627.428 and should have been limited to face amount of surety bond where purchaser did not allege that surety unreasonably delayed payment of underlying claim

42 Fla. L. Weekly D2086a
232 So. 3d 478

Attorney’s fees — Insurance — Insured prevailing in declaratory judgment action brought by insurer — In awarding attorney’s fees to insured, trial court erred in applying a contingency risk multiplier where fee agreement between insured and his attorney was not a contingent fee agreement — Agreement which provided for attorney to be paid normal hourly rate whether the case was won or lost, and a higher amount in the event of higher award by the court was not a partial contingency fee contract