Volume 1

1 Fla. L. Weekly Supp. 267c

Civil procedure -- Interpleader by insurance company is not appropriate under facts of instant case involving competing claims to policy proceeds by persons who are themselves plaintiffs in various personal injury actions against insured

1 Fla. L. Weekly Supp. 429a

Insurance -- Homeowners -- Exclusions -- Final judgment of dissolution of marriage awarding marital home to wife terminated husband's insurable interest in home at time judgment was entered and rendered exclusion for any intentional damage caused by named insureds inapplicable to intentional damage caused by husband subsequent to final judgment even though title had not yet passed as matter of record at time of loss

1 Fla. L. Weekly Supp. 15a

Insurance -- Health -- Coverage -- Experimental treatment -- Treatment of stage IV, metastatic breast cancer with procedure known as high-dose chemotherapy with autologous rescue is experimental in nature and not ``medically necessary'' as defined by policy at issue

1 Fla. L. Weekly Supp. 139a

Insurance -- Homeowners -- Excess liability -- Duty to defend -- Declaratory judgment -- Insurance company not required to defend estates of fatally injured boaters whose sailboat came into contact with power lines in counterclaim suit for contribution and indemnification by power company where decedents fell within family member exclusion of homeowners insurance policy

1 Fla. L. Weekly Supp. 175a

Insurance -- Insurer strictly complied with statutory requirements relating to notice of cancellation of policy -- Plaintiffs' denial of receipt of the notice in their response to request for admissions is insufficient as a matter of law to create a genuine issue of material fact that the notice was not sent to plaintiffs -- Insurer's motion for summary judgment granted

1 Fla. L. Weekly Supp. 202a

Insurance -- Automobile liability -- Leased vehicles -- Automobile lease which shifted primary liability to lessees and their insurance companies also operated to shift liability to a person driving vehicle with approval of lessee -- Automobile lease provision shifting primary liability to lessees and their insurance companies was valid as applied to person signing lease as additional renter, even though additional renter's insurance company was not listed on contract

1 Fla. L. Weekly Supp. 511a

Insurance -- Personal injury protection -- Uninsured motorist -- Where insured filed action for PIP payments against insurer and, while that action was pending, filed second action for UM benefits which included claim for medical expenses and lost wages not paid by PIP; parties litigated issues of reasonableness and necessity of medical expenses and lost wages in UM action with full knowledge of pending PIP action; and judgment was entered and satisfied on those claims, doctrine of merger operated to bar prosecution of claims in pending PIP action -- Any of insured's claims for costs and statutory attorney's fees as part of PIP claim could and should have been raised and litigated in UM trial and, to the extent they were not, were waived

1 Fla. L. Weekly Supp. 64a

Attorney's fees -- Insurance -- Insured entitled to award of attorney's fees where insurer failed to pay personal injury protection benefits within 30 days of claim, notwithstanding that delay was caused mainly by insurer's need to determine whether car driven by insured was a rental car, and insured could have clarified matter when he initially submitted claim for PIP benefits -- Burden of authenticating claim within statutory time period lies solely with insurer

1 Fla. L. Weekly Supp. 325b

Attorney's fees -- Insurance -- Insured's action against insurer -- Insufficient findings

1 Fla. L. Weekly Supp. 507b

Insurance -- Lapse of coverage -- Absence of automatic renewal -- Issue certified as one of great public importance

1 Fla. L. Weekly Supp. 290a

Insurance -- Insured city's revocation of building permit was not an "occurrence" within definition and provisions of policy at issue -- Claims reasonably expected as result of town's actions not covered

1 Fla. L. Weekly Supp. 271a

Insurance -- Marine -- Jury's award of over $3 million for breach of insurance contract need not be reduced by $1 million for amount paid to plaintiff prior to litigation where verdict was supported by evidence, and jury was aware of the payment -- Interest -- Prejudgment -- Plaintiff awarded prejudgment interest commencing on ninetieth day after date defendants were found to have waived filing of formal proof of loss where contract provided that proceeds of policy were due and payable within 90 days after proof of loss -- Amounts of damage payments due from each separate underwriter calculated

1 Fla. L. Weekly Supp. 335d

Insurance -- Personal injury protection -- Denial of coverage -- Jury was properly instructed on issue of whether insured unreasonably withheld from insurer notice of existence of PIP claim -- Argument -- Remarks by defense counsel that insured never had to pay a penny out of her pocket and that he paid insurance premiums so people could recover whether or not they deserve it not preserved for appeal where plaintiff failed to move for mistrial after her objection to comments was sustained -- Although improper, remarks did not constitute fundamental error