December 2009 Summaries
Posted December 28, 2009
Paradise Pines Health Care Assoc., LLC v. Bruce, et. al.,
- - So.3d - -, 2009 WL 4912607 (Fla. 1st DCA 2009)
First District Affirms Order Requiring Production Of Materials Protected By Work Product Privilege
Posted December 21, 2009
Walsh v. GEICO General Ins. Co., 34 Fla. L. Weekly D2482a (Fla. 4th DCA, December 2, 2009)
Insured Not Entitled To PIP Benefits Where Date Of Accident Occurred During GAP Period And
Policy In Effect Did Not Provide PIP Coverage
Posted December 9, 2009
The Florida Insurance Guaranty Association, Inc. v. Devon Neighborhood
Association, Inc., 34 Fla. L. Weekly D2482a (Fla. 4th DCA, December 2, 2009)
FIGA Precluded From Asserting The Appraisal Process After Right To Mediation Statue (§627.7015)
Held Not To Violate The Impairment Of Contracts Clause Of The Constitution
Posted December 8, 2009
The Florida Insurance Guaranty Association, Inc. v. Shadow Wood Condominium Association, 34 Fla. L. Weekly D2481a (Fla. 4th DCA, December 2, 2009)
FIGA Bound By The Insolvent Insurer's Failure To Notify The Insured Of Its §627.7015 Right To
Participate In A Mediation Program
Posted December 4, 2009
United Auto. Ins. Co. v. Professional Med. Group, Inc. (a/a/o Gaston Botta), 34 Fla. L. Weekly D2500a (Fla. 3rd DCA Dec. 2, 2009)
Third DCA Clarifies That Statute Requires Substantial Compliance With Claim Form Requirements And That
Omissions And Defects Can Be Cured By Later Submissions
Posted December 3, 2009
Bueno v. Workman, 34 FLW D2227 (Fla. 4th DCA Oct. 28, 2009)
Fourth DCA Reverses Dismissal Based On Estoppel, Waiver Or Election Of Remedies,
Where Plaintiff Recovered UM Benefits Claim As Theory Of Liability Against Tortfeasor -
Remanded For Evidentiary Hearing On Claim Of Fraud On The Court
Posted December 3, 2009
Dr. Navarro's Vein Centre of the Palm Beach, Inc. v. Miller, 34 FLW 2395 (Fla. 4th DCA Nov. 18, 2009)
Fourth DCA Finds That Laser Hair Removal Is Medical Procedure And Subject To The Requirements Of Chapter 766
Posted December 2, 2009
Central Magnetic Imaging Open MRI of Plantation, Ltd. (a/a/o Evelyn Deshommes) v. State Farm Fire & Cas. Ins. Co.,
34 FLW D2396 (Fla. 4th DCA Nov. 18, 2009)
Fourth DCA Holds That PIP Insurer Is Not Required To Obtain IME Before Denying Claim For Medical Benefits
