Volume 3

3 Fla. L. Weekly Supp. 628a Insurance -- Fire -- Enforcement of settlement agreement -- Appraisal provision of policy constituted an arbitration agreement -- Arbitration decision cannot be reversed unless defendant claims that one of violations enumerated in section 682.13(1)(a)(e) has been committed -- Insurer's claim that arbitrator erred in awarding more damages than permitted by face amount of policy without merit where policy had provision permitting insured to recover more than the face amount under certain factual conditions -- Insurer's claim that appraisers factually erred in awarding more than face value of policy because insureds did not repair or replace the items as required by the policy in order for the policy limits to be exceeded does not entitle insurer to relief where insurer did not seek to modify or correct the award within 90 days of delivery of the appraiser's decision

3 Fla. L. Weekly Supp. 328a

Taxation -- Insurance -- Premium tax -- Salary tax credit -- Workers' compensation self-insurance fund is ``insurer'' subject to premium tax and is entitled to salary tax credit provided for in section 624.509(5)

3 Fla. L. Weekly Supp. 669b

Civil procedure -- Stipulation signed by counsel retained by insurer is not sufficient as matter of law to prove consent or ratification of settlement by insured -- Error to enter judgment against insured, individually, for settlement amount after insurer was placed in receivership and settlement check issued by insurer was returned unpaid where nothing in the record established consent or ratification by insured

3 Fla. L. Weekly Supp. 493a

Insurance -- Personal injury protection -- Insured murdered after she had walked to her parked car, entered it, and started car engine -- Evidence that assailant had waited in parking lot long enough to see decedent walk to her car and enter it was sufficient to permit trial court to reasonably infer that assailant deliberately refrained from shooting decedent until she was inside the car and would present a stationary target -- Sufficient nexus existed between insured's death and insured's automobile to support trial court's award of PIP benefits to decedent's husband

3 Fla. L. Weekly Supp. 451a

Insurance -- Uninsured motorist -- Insured may maintain claim against insurer based on alleged misrepresentations made by insurer concerning pertinent facts and/or insurance policy provisions related to coverage at issue prior to determination of liability and damages in underlying litigation -- Motion to file second amended complaint to add additional count for violation of sections 624.155(1)(a)(1) and 626.9541(1)(i), Florida Statutes, granted

3 Fla. L. Weekly Supp. 608c

Insurance -- Personal injury protection -- Error to give jury instruction requiring plaintiff to prove reasonableness of all medical expenses submitted to PIP carrier, even though some expenses had already been paid and were admittedly reasonable

3 Fla. L. Weekly Supp. 148a

Civil procedure -- Where party filed claim in county court to recover value of ring which had been consigned to jeweler for resale and subsequently filed for bankruptcy but failed to declare the claim against jeweler as an asset, bankruptcy trustee was real party in interest -- Procedure for substitution of parties in state court is controlled by rules of civil procedure, which permits transfer of interest or substitution of parties upon proper motion -- Case brought by debtor plaintiff may be dismissed without prejudice so that trustee may bring action to recover the value of the unscheduled property -- County court erred in granting summary judgment in favor of jeweler

3 Fla. L. Weekly Supp. 379c

Insurance -- Credit life -- Error to rule that wife of decedent lacked standing individually to bring action for breach of contract and declaratory relief against credit life insurer which denied coverage under the policy -- Wife was joint obligor on note which was to be paid by insurer; co-applicant for policy; co-payor of policy premiums; joint insured under policy until decedent's death at which time she became sole insured; and joint owner until decedent's death, at which time she became sole owner -- Wife suffered real and tangible loss by virtue of having paid insurance premiums for coverage that was not subsequently provided to her

3 Fla. L. Weekly Supp. 721a

Insurance -- Automobile -- Cancellation of policy -- Refund of unearned premiums -- Class actions -- Certification of class -- Plaintiff challenging procedure whereby insurer calculated refund from date contained in notice of cancellation rather than from earlier cancellation date specified in ``Three-Option Letter'' in which insurer demanded additional premiums and stated that, if insured took no action, policy would be canceled on certain date -- Action is suitable for resolution as class action -- Plaintiff established numerosity, commonality, typicality and adequacy of representation -- Plaintiff further established that common questions of law and fact predominate over individual questions and that class representation is superior to other available methods for disposing of controversy

3 Fla. L. Weekly Supp. 133a

Attorney's fees -- Insurance -- Plaintiff who prevailed in action to recover personal injury protection benefits entitled to award of attorney's fees -- Record refutes defendant's assertion that case was a dispute between two insurance companies, and plaintiff would have been paid PIP benefits in due time without attorney's involvement -- Application of contingency risk multiplier appropriate under circumstances -- Where plaintiff made demand for judgment and offer of settlement for attorney's fees, and fee award announced by court exceeded by more than 25% the fee amount stated in demand and offer, plaintiff's attorney is entitled to fees for time spent litigating attorney's fees issue

3 Fla. L. Weekly Supp. 451b

Insurance -- Personal injury protection -- Attorney's fees -- Multiplier of two appropriate in determination of amount of attorney's fees where claim was an undesirable PIP claim so that it would have been difficult to obtain counsel on a standard contingency fee and where chance of success was less than 50% at the outset -- Attorneys entitled to interest on attorney's fees from date of verdict through date of fee hearing -- Expert witness on attorney's fees entitled to compensation

3 Fla. L. Weekly Supp. 439a

Insurance -- Attorney's fees -- Multiplier of 1.75 applied to lodestar figure in case of attorney who represented plaintiff prior to trial where attorney represented plaintiff under contingent fee contract, and likelihood of success was approximately even at outset of action -- No multiplier applied to lodestar figure in case of attorney who did not appear in action until time of trial

3 Fla. L. Weekly Supp. 88a

Attorney's fees -- Insurance -- Party who was injured at dog track was omnibus insured under policy which provided insurance coverage, including medical payments coverage, for persons injured on premises -- Party who prevailed in action against insurer to recover medical payment insurance benefits is entitled to attorney's fees

3 Fla. L. Weekly Supp. 611b

Insurance -- Automobile -- Insolvent insurers -- Attorney's fees, costs, and interest -- Statute providing for award of attorney's fees to insured who prevails in litigation against insurer does not apply to Florida Insurance Guaranty Association except in those cases where FIGA has denied a covered claim or any portion thereof -- FIGA is not liable for penalties and interest -- FIGA is not liable for court costs unless underlying policy includes those costs as a recoverable item

3 Fla. L. Weekly Supp. 146b

Insurance -- Personal injury protection -- Insolvent insurers -- Attorney's fees -- Where insured brought action against insurer for failure to pay PIP benefits, and, after lawsuit was filed, Florida Insurance Guaranty Association took over insurer and paid the claim, insured was not entitled to recover attorney's fees from FIGA -- Statute excluding attorney's fees claims for any covered claim unless FIGA specifically denies the claim by affirmative action applies in situations where FIGA takes over insolvent insurer after commencement of a lawsuit

3 Fla. L. Weekly Supp. 549c

Attorney's fees -- Insurance -- Plaintiff in action against uninsured motorist insurer entitled to award of attorney's fees where final judgment exceeded amount of demand for judgment by more than twenty-five percent -- Multiplier of 2.0 appropriate where chance of success was approximately even at outset of case against insurer and where relevant market requires contingency fee multiplier to obtain competent counsel -- Outset of case was commencement of claim against UM carrier once tortfeasor had tendered its policy limits and UM carrier had waived subrogation rights and consented to plaintiff accepting tortfeasor's policy limits -- No entitlement to award for time spent in prosecuting attorney's fees issue

3 Fla. L. Weekly Supp. 231a

Insurance -- Attorney's fees -- Fee award to counsel for insured in action against insurer -- In determining whether attorney's fees may be awarded for litigation of issue of attorney's fees, debate as to appropriate multiplier is a legal issue pertaining to entitlement to fees -- Contingency risk multiplier may be applied to fees for litigating fee issues

3 Fla. L. Weekly Supp. 613b

Attorney's fees -- Insurance -- Cancellation of policy in violation of statute -- Contingency risk multiplier

3 Fla. L. Weekly Supp. 566c

Insurance -- Personal injury protection -- Where policy contained provision requiring insured to submit to sworn examination as a condition of the insurance contract, insured's failure to submit to examination under oath constituted material breach of policy which relieved insurer of obligation to pay

3 Fla. L. Weekly Supp. 21a

Insurance -- Personal injury protection -- Action brought by insured against insurer after insurer refused to satisfy claim for lost wages on ground that hospital to whom insured allegedly assigned benefits had filed claim of lien against proceeds -- Error to enter summary judgment in favor of insurer where insurer relied in substantial part on assignment of benefits, and there was no evidence in record of assignment of benefits form -- Whether hospital which treated insured was public hospital entitled to lien for hospital care under special law to be determined on remand

3 Fla. L. Weekly Supp. 673a

Appeals -- Circuit court has jurisdiction to review county court's non-final order compelling arbitration -- Insurance -- Personal injury protection -- Provision in automobile insurance policy requiring binding arbitration of any PIP claims dispute involving medical benefits between insurer and medical provider once the provider has accepted an assignment of benefits is not enforceable against medical provider who was neither party to arbitration agreement nor intended third-party beneficiary -- Arbitration provision in policy did not contain personal covenant on part of insured to arbitrate PIP claims disputes -- Medical provider did not assent to arbitration or waive its right to jury trial by virtue of accepting assignment from insured -- To extent policy incorporated section 627.736(5), statute merely requires insurers to provide for binding arbitration in their PIP policies, but does not mandate arbitration of all PIP disputes between medical providers and PIP carriers