Online Reference: FLWSUPP 2206OLIV Insurance — Personal injury protection — Attorney’s fees — Trial court erred in awarding provider prevailing party attorney’s fees pursuant to section 627.428 where judgment obtained after jury trial was less than insurer’s presuit settlement offer — Statute applies to presuit offers of settlement — Insurer was not required to include […]

40 Fla. L. Weekly D619b Attorney’s fees — Offer of settlement — Offer was not rendered ambiguous and invalid because of defendant’s failure to attach proposed release to offer where offer names parties who will execute release and precisely identifies the claims which will be released — Trial court erred in denying defendant’s motion for […]

40 Fla. L. Weekly D617a Insurance — Uninsured motorist — Attorney’s fees — Proposal for settlement — Trial court improperly awarded attorney’s fees and costs, pursuant to rejected proposal for settlement, where the proposal was patently ambiguous, spelling out “one hundred thousand dollars” in words but referring to $50,000 in numerals   GOVERNMENT EMPLOYEES INSURANCE […]

40 Fla. L. Weekly D601a Torts — Automobile accident — Vicarious liability — Action against defendant company for which independent contractor was transporting cargo with a semi-truck and trailer owned by third parties when it was involved in accident with plaintiffs’ vehicle — Trial court erred in directing verdict for plaintiffs on issue of defendant’s […]

40 Fla. L. Weekly D610a Insurance — Homeowners — Windstorm damage mitigation — Class action declaratory judgment action alleging that insured plaintiffs had submitted uniform mitigation verification forms to insurer, that insurer accepted forms without conducting separate inspections of properties and routinely provided premium credits based on loss mitigation features, and that insurer began reinspecting […]