21 Fla. L. Weekly Supp. 344b Online Reference: FLWSUPP 2104PHIL Insurance — Personal injury protection — Standing — Assignment — Where insured executed document assigning benefits to medical provider who rendered services, submitted bills to insurer, and filed suit against insurer, provider is real party in interest — There is no distinction between direction to […]
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Trial Court Order concerning discovery of insurer claims file materials when coverage is disputed
21 Fla. L. Weekly Supp. 358b Online Reference: FLWSUPP 2104KERS Insurance — Personal injury protection — Discovery — Documents — Work product — Adjuster’s notes in claims file that were revealed on in camera inspection to be relevant and to be part of ordinary claims process, not work product, are not privileged — Question certified: […]
Breach of IME provision in UM policy does not defeat coverage absent a showing of prejudice to the carrier; carrier’s burden of proof
39 Fla. L. Weekly S122a Insurance — Uninsured motorist — Compulsory medical examination — An insured’s breach of a compulsory medical examination provision in an uninsured motorist policy of insurance does not result in forfeiture of benefits unless the insurer pleads and proves it was prejudiced as part of its affirmative defense — CME provision […]
Nominal offer of judgment / proposal for settlement not tantamount to bad faith offer of judgment / proposal for settlement
Opinion filed March 26, 2014. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D12-2838 Lower Tribunal No. 10-57076 ________________ State Farm Insurance Company, Appellant, vs. Hermina and Oscar Reyes, Appellees. An Appeal from the Circuit Court for Miami-Dade County, Jorge E. Cueto, Judge. Bernstein, Chackman, Liss & Rose; Elizabeth K. Russo […]
Second DCA reverses trial court order denying Citizens’ “request” for stay pending neutral evaluation
39 Fla. L. Weekly D577a Insurance — Homeowners — Sinkhole damage — Trial court improperly denied stay of breach of contract action pending completion of neutral evaluation process CITIZENS PROPERTY INSURANCE CORPORATION, a Florida government entity, Petitioner, v. REBECCA HANOS, Respondent. 2nd District. Case No. 2D13-3872. Opinion filed March 19, 2014. Petition for Writ of […]