2018

43 Fla. L. Weekly D29a
234 So. 3d 824

Insurance — Uninsured/underinsured motorist — Trial court erred by entering directed verdict in favor of plaintiffs on issues of causation and permanency of injury where there was sufficient conflicting evidence upon which jury could have based its decision — Trial court erred in granting new trial based on plaintiffs’ contention that trial court improperly limited their questioning during voir dire where plaintiffs failed to notify trial court of any challenge to the purported limitation of voir dire

43 Fla. L. Weekly D1588d
249 So. 3d 779

Insurance — Personal injury protection — Deductible — Statute requires that deductible be applied to 100% of expenses and losses before reducing amount paid pursuant to statutory reimbursement limitation — Conflict certified — Question certified: When calculating the amount of PIP benefits due an insured, does section 627.739(2) require that the deductible be subtracted from the total amount of medical charges before applying the reimbursement limitation under section 627.736(5)(a)1.b., or must the reimbursement limitation be applied first and the deductible subtracted from the remaining amount?

43 Fla. L. Weekly D570a
238 So. 3d 937

Insurance — Personal injury protection — Deductible — PIP insurer is not required to apply a policy deductible to the total amount of a provider’s invoices to an insured prior to applying any fee schedule found in section 627.736 — Insurer must reduce the provider’s charges to statutorily-approved permissive fee schedule before applying the deductibles — Conflict certified

43 Fla. L. Weekly D569c
238 So. 3d 852

Insurance — Personal injury protection — Deductible — PIP insurer is not required to apply a policy deductible to the total amount of a provider’s invoices to an insured prior to applying any fee schedule found in section 627.736 — Insurer must reduce the provider’s charges to statutorily-approved permissive fee schedule before applying the deductibles — Conflict certified

43 Fla. L. Weekly D318a
236 So. 3d 1183

Insurance — Personal injury protection — Deductible — When calculating the amount of PIP benefits due, the deductible is to be subtracted from the total medical charges before applying the statutory reimbursement limitations provided in section 627.736(5)(a)1.b, Florida Statutes (2014) — Question certified: When calculating the amount of PIP benefits due an insured, does section 627.739(2), Florida Statutes, require that the deductible be subtracted from the total amount of medical charges before applying the reimbursement limitation under section 627.736(5)(a)1.b., or must the reimbursement limitation be applied first and the deductible subtracted from the remaining amount?

43 Fla. L. Weekly D948e
244 So. 3d 1189

Insurance — Homeowners — An insurer is not prohibited from requiring that the insured pay a deductible when the insurer invokes its right to repair a partial loss

43 Fla. L. Weekly D855b
246 So. 3d 447

Insurance — Appeals — Appellate court has no jurisdiction to review trial court’s denial, without elaboration, of Citizens Property Insurance Corporation’s motions to dismiss claims on basis of sovereign immunity — Trial court’s orders did not state as a basis for denial of motions that Citizens was not entitled to sovereign immunity

43 Fla. L. Weekly D2740a
261 So. 3d 576

Insurance — Civil procedure — Sanctions — Dismissal — Amended complaint filed by plaintiff in response to court order failed to mention one of the two consolidated case numbers or the date of loss associated with that case number — Trial court abused its discretion in dismissing case with prejudice as a sanction where there was no evidence that defects in complaint were due to willful noncompliance or deliberate disregard of a court order, errors in amended complaint were easily correctable, attorney had not previously been sanctioned, and there was no evidence that plaintiff personally had any involvement in his attorney’s negligent drafting

43 Fla. L. Weekly D679a
239 So. 3d 218

Insurance — Homeowners — Sinkhole claim — Bad faith — Trial court erred in dismissing first party bad faith action against insurer on basis that insureds could not maintain a bad faith action without alleging that there had been a favorable resolution of an underlying civil action for insurance benefits, where insurer paid insurance policy limits after expiration of sixty-day cure period — Underlying action on insurance contract is not required for there to be a determination of insurer’s liability and extent of damages as a prerequisite to filing a bad faith claim — Insurer’s payment of insurance claim after the sixty-day cure period constitutes a determination of insurer’s liability for coverage and extent of damages even when there is no underlying action

43 Fla. L. Weekly D200a
234 So. 3d 856

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