Volume 2

2 Fla. L. Weekly Supp. 65b

Insurance -- Subrogation -- In order to obtain subrogation judgment for deductible, subrogee must demonstrate that deductible payment was actually made

2 Fla. L. Weekly Supp. 239a

Insurance -- Personal injury protection -- Insured failed to rebut claim that insurer was prejudiced by three-year delay in filing claim because insurer was unable to obtain employment records which would either confirm or refute insured's claim that he was not working at delivering pizzas at time he applied for insurance and enable insurer to verify insured's earnings at time of accident -- Judgment denying PIP benefits affirmed

2 Fla. L. Weekly Supp. 194d

Insurance -- Personal injury protection -- Insured who had alighted from vehicle and proceeded to front door of home and who admittedly had no physical contact with vehicle which caused her to fall and injure herself not entitled to PIP coverage

2 Fla. L. Weekly Supp. 508b

Appeals -- Court does not have jurisdiction to hear interlocutory appeal from order denying mediation of a PIP claim

2 Fla. L. Weekly Supp. 26a

Criminal law -- Statute proscribing false and fraudulent insurance claims applies to first-party insureds, not to third parties -- Personal injury attorney who submitted demand letter on behalf of injured client and intentionally excluded medical reports or, alternatively, attached fraudulent medical reports did not violate statute -- Construing statute to incorporate third parties would render statute unconstitutionally vague for failure to notify those subject to its penalties -- Counts alleging false and fraudulent insurance claims and counts relying on predicate acts which involve third party claims dismissed

2 Fla. L. Weekly Supp. 122a

Criminal law -- False and fraudulent insurance claims -- Incomplete personal injury protection claims -- No conflict exists between disclosure requirements of fraud statute and insurance statute pertaining to PIP claims -- Statute prohibiting false and fraudulent insurance claims does not provide sufficient notice to attorneys that omission of unfavorable medical report from demand package presented to client's insurer violates statute -- Statute is unconstitutionally vague only in fraudulent omission provisions as applied to attorneys engaged in representation of their clients

2 Fla. L. Weekly Supp. 148a

Insurance -- Uninsured motorist coverage not available to named insured who is injured in a vehicle which is owned by spouse with no UM coverage and in which insured has no ownership interest

2 Fla. L. Weekly Supp. 306a

Insurance -- Homeowners -- Exclusions -- Loss caused by rain unless wind first damages roof or walls and then forces rain through the damaged roof or wall -- Insurer could not apply exclusion to deny coverage for water damage to insured's property resulting from second rainstorm which occurred while damage to roof sustained during first storm was being repaired

2 Fla. L. Weekly Supp. 265b

Insurance -- Personal injury protection -- Leased vehicles -- Responsibility for primary coverage not shifted from lessor's insurer where lessee was not covered by any other insurance -- Lessee was not covered by policy of boyfriend's mother for injuries sustained while driving vehicle not owned by mother -- Doctrine of promissory estoppel does not shift responsibility for coverage to mother's insurer -- Record did not clearly establish that mother intended policy to provide same coverage to girlfriend as it did to relatives -- Agents of insurer not required to anticipate situations wherein coverage actually issued would not suffice -- In view of fact that mother is not being asked to assume any responsibility for injuries to girlfriend and fact that girlfriend was not without recourse, record established that neither girlfriend nor mother relied to their detriment on any representations made by insurer's agents

2 Fla. L. Weekly Supp. 282a

Insurance -- Cancellation of policy -- Insurer who cancels insurance contract upon receipt of request for cancellation by premium finance company must prove that premium finance company complied with notice provisions of statute in order to avoid liability under contract

2 Fla. L. Weekly Supp. 508a

Insurance -- Subrogation -- Torts -- Product liability -- Trial court properly dismissed insurer's action against manufacturer of boat engine's replacement shifting lever in which insurer claimed damages to boat itself, but did not claim damages to other property or for personal injury -- Party cannot prevail in case where failure of individual component damages only the overall product of which the defective product was a part

2 Fla. L. Weekly Supp. 7b

Insurance -- Automobile -- Cancellation of policy -- Notice of cancellation sent to insured by premium finance company after insured failed to make premium payment on time was in full compliance with statute -- Policy was properly canceled by premium finance company when insured failed to pay premium by cancellation date -- Insurer did not have separate obligation to provide notice of cancellation to insured

2 Fla. L. Weekly Supp. 510a

Attorney's fees -- Insurance -- Unauthorized Insurers Process Law -- Statute precludes award of attorney's fees against surplus lines insurer

2 Fla. L. Weekly Supp. 10b

Insurance -- Attorney's fees -- Insurer cannot avoid payment of attorney's fees to insured by entering into settlement agreement and voluntarily dismissing suit brought by it against its insured for breach of insurance contract -- Insureds entitled to award of costs

2 Fla. L. Weekly Supp. 2a

Contracts -- Insurance -- State employee was not required to exhaust administrative remedies before filing breach of contract action to contest denial of health insurance claims -- Although state must offer administrative review as option to employees, nothing in regulatory or statutory framework indicates that employees are limited to such review -- Attorney's fees -- As governmental unit providing plan of self-insurance, employing agency qualified as ``insurer'' under section 627.752, and attorney's fees were available to plaintiff at trial and on appeal pursuant to statute specifically addressing attorney's fees in cases involving group health insurance policies -- No abuse of discretion in awarding attorney's fees incurred by insured in connection with two interlocutory appeals which trial court found to be frivolous -- Competent substantial evidence supported trial court's determination that contingency fee multiplier was necessary to compute reasonable fee

2 Fla. L. Weekly Supp. 197a

Attorney's fees -- Insurance

2 Fla. L. Weekly Supp. 20b

Insurance -- Denial of coverage -- Insureds failed to substantially comply with policy provisions when they failed and refused to appear to give insurer sworn statements and to produce requested documentation relating to ownership of personal property for which loss was claimed -- Insurer's motion for summary judgment granted

2 Fla. L. Weekly Supp. 578c

Insurance -- Automobile -- Exclusions -- Business use -- Accident which occurred while insured was commuting to work not within scope of business use exclusion -- Application -- Misrepresentations -- Insurer not responsible for reimbursing insured for loss where insured misrepresented on policy application that vehicle was to be used only for pleasure but indicated on accident claim form that she used vehicle for work all day

2 Fla. L. Weekly Supp. 362b

Insurance -- Automobile -- Application -- Trial court properly entered summary judgment in favor of insured based upon its finding as matter of law that application form contained ambiguous language