47 Fla. L. Weekly S115b ELAINE DIAL, Petitioner, v. CALUSA PALMS MASTER ASSOCIATION, INC., Respondent. Supreme Court of Florida. Case No. SC21-43. April 28, 2022. Application for Review of the Decision of the District Court of Appeal Certified Great Public Importance. Second District — Case No. 2D18-4339 (Lee County). Counsel: Mark A. Boyle, Alexander Brockmeyer, […]
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Insurance — Personal injury protection — Coverage — Rescission of policy — Material misrepresentations — Declaratory action seeking declaration as to coverage and provider’s eligibility to receive PIP benefits in light of insurer’s failure to pay or deny claim — Error to enter summary judgment in favor of provider based on conclusion that insurer had breached contract by failing to pay or deny claim within thirty days and that its rescission of policy was improper — While the failure to pay or deny the claim within the thirty days prescribed by section 627.736(4) made provider’s claim “overdue,” which entitled provider to bring suit for breach of contract and exposed insurer to additional penalties, that failure to pay or deny the claim in accordance with section 627.736(4) did not constitute a breach of contract and did not constitute a waiver of insurer’s defenses under section 627.409
47 Fla. L. Weekly D896a CENTURY-NATIONAL INSURANCE COMPANY, Appellant, v. REGIONS ALL CARE HEALTH CENTER, INC. a/a/o REMY JEAN, Appellee. 2nd District. Case No. 2D21-198. April 20, 2022. Appeal from the County Court for Hillsborough County; Michael C. Bagge-Hernandez, Judge. Counsel: William J. McFarlane, III, and Michael K. Mittelmark of McFarlane Dolan & Prince, Coral […]
Insurance — Homeowners — Assignment of benefits — Standing — No error in dismissing assignee’s complaint with prejudice based on lack of standing, which assignee had claimed on its own behalf under the AOB prior to determination of a covered claim — On face of AOB, assignee lacked standing to bring claim to recover benefits under AOB on its own behalf until such time as coverage was determined — Standing that was not conferred onto assignees under contingent AOB contract remained with the insured
47 Fla. L. Weekly D898a MASSEY CONSTRUCTION GROUP, INC. a/a/o JOSEPH JAFFE, Appellant, v. EDISON INSURANCE COMPANY, Appellee. 2nd District. Case No. 2D20-2362. April 20, 2022. Appeal from the Circuit Court for Collier County; Hugh D. Hayes, Judge. Counsel: Alex Finch and Mark Fromang of Fromang & Finch, P.A., Orlando (withdrew after briefing); Susan Z. […]
Insurance — Condominiums — Hurricane damage — Appraisal — Trial court erred in compelling appraisal of insured’s supplemental claim for window and door damage where, although insurer paid insured’s initial roof claim, insurer denied coverage for supplemental claim
47 Fla. L. Weekly D938a HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. FAIRWAY OAKS, INC., Appellee. 2nd District. Case No. 2D21-793. April 22, 2022. Appeal from the Circuit Court for Collier County; Hugh D. Hayes, Judge. Counsel: David A. Noel and Kara Rockenbach Link of Link & Rockenbach, P.A., West Palm Beach; and Jeffrey […]
Insurance — Personal injury protection — Coverage — Conditions precedent — Summary judgment — Error to enter summary judgment in favor of insurer concluding that insured had failed to satisfy condition precedent by failing to appear at examination under oath — Under summary judgment standard applicable at the time, insured’s affidavit attesting that she never received notice of any EUO established a genuine issue of fact concerning whether insured received proper notice
47 Fla. L. Weekly D692b RED DIAMOND MEDICAL GROUP, LLC a/a/o Barbara Sori, Appellant, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellee. 3rd District. Case No. 3D21-763. L.T. Case No. 20-3172 SP. March 23, 2022. An Appeal from the County Court for Miami-Dade County, Michaelle Gonzalez-Paulson, Judge. Counsel: Chad Barr Law, and Chad A. Barr (Altamonte Springs), […]