August 2010 Summaries

Latest Update Posted August 24, 2010
Insurance Coverage—        
Nationwide Mut. Fire Ins. Co. v. The Sign Store, Inc. et. al,
FLWSUPP 1709NATI, Case no: 502009AP000026XXXXMB (Apr. 7, 2010)
Palm Beach Appellate Court Confirms No Coverage For Theft Claims Where Specifically Excluded Driver Was The One Who Stole The Car

Posted August 23, 2010
Personal Injury Protection—        
United Auto. Ins. Co. v. Miami Neurology Rehab Specialist
(a/a/o Yoan Diaz Alfonso),
FLWSUPP 1709ALFO, Case No: 08-488, (11th Cir. Ct., Mar. 23, 2010)
Miami Dade Appellate Court Concludes That Omnibus Insured Not Obligated To Submit To EUO And That Insurer Could Not Deny Coverage For Failure To Attend EUO

Posted August 16, 2010
Personal Injury Protection—        
GEICO Indemnity Co. v. Physicians Group, LLC (a/a/o Paul Androski),
35 FLW D1850 (Fla. 2nd DCA Aug. 13, 2010)
Second DCA Finds That 2008 PIP Statute Was Not Retroactive And Cannot Be Applied To Policies That Were Not In Effect On Or After January 1, 2008, Even Though Medical Treatment In Issue Was Performed After January 1, 2008

Posted August 13, 2010
Personal Injury Protection—        
Mercury Ins. Co. of Fla. v. Med Manage Group, Inc. (a/a/o Michael Bergey),
17 FLW Supp. 617b (15th Circ. Apr. 8, 2010)
Fifteenth Judicial Circuit Affirms Final Judgment Finding That Insurer’s Request For Clinic Verification To Establish That Provider Was Eligible To Receive Payments For PIP Benefits Was Not A Request For Information Within Scope of 627.736(6)(b) And Did Not Toll Time For Insurer To Pay Bills

Posted August 12, 2010
Personal Injury Protection—        
United Auto. Ins. Co. v. NDNC Neurological Treatment Center (a/a/o Cheyene Duncan),
17 FLW Supp. 622a (17th Cir. Mar. 31, 2010)
Broward Circuit court Reverses Order Striking Expert Witness Who Failed To Produce IME Reports For Non-Parties And Failing To consider Expert's Deposition Testimony In Addressing Summary Judgment - Also Affirmed No Cause Of Action Exists for Insurer's Failure To Provide EOB

Posted August 5, 2010
Proposal For Settlement—        
Donovan Marine, Inc. v. Delmonico,
35 FLW D1495 (Fla. 4th DCA, July 7, 2010)
Fourth DCA Finds Proposal For Settlement To Be Enforceable Rejects Argument That Requirement For Plaintiff To Acknowledge That Defendant Does Not Admit Liability Was not Ambiguous And That Proposal Was Otherwise Compliant

Posted August 3, 2010
Personal Injury Protection—        
United Automobile Insurance Company v. Otero,
35 FLW D1683b (Fla. 3d DCA, July 28, 2010)
Third DCA Grants Insurer's Petition For Certiorari Review And Quashed The Decision Of The Circuit Court Holding The Insured Who Had Made An Unqualified Assignment Of Benefits Had No Standing To Sue The Insurer