February 2010 Summaries

Posted February 22, 2010
Nationwide Mut. Fire Ins. Co. v. Smith,
35 FLW 419 (Fla. 1st DCA Feb. 18, 2009)
First DCA Finds That Rule 1.090 Time Deadlines Do Not Apply To Premium Payment Deadlines Established Pursuant To Contract

Posted February 15, 2010
Vision I v. Aspen Specialty Insurance Company & James River Insurance Company,
--- F.Supp.2d- (S.D.Fla.)(2009 WL 4927162 (S.D.Fla.))
Federal Court Determined That Late Notice To Policy Coverage Was A Question Of Fact For The Jury

Posted February 11, 2010
Kranitz v. Zion,
17 FLW Supp 90 (Fla. 15th Cir. Ct. Nov. 20, 2009)
Palm Beach Circuit Court Finds That Small Claims Rule Allow For Motions For Reconsideration File Within 10 Days Of final Judgment - However Correspondence By Email Does Not constitute Filing

Posted February 9, 2010
United Auto. Ins. Co. v. Dade Injury Rehab Center, Inc. (a/a/o Denis Diaz-Matamoro),
17 FLW Supp.82 (Fla. 11th Cir. Ct., Dec. 23, 2009)
Dade Circuit Court Rules No Expert Witness Fee For Treating Provider And Rejects Lack Of Cooperation/Late Notice Defense Due To Lack Of Prejudice To Insurer; Awards Fees To Provider For Prevailing On Substantive Issues

Posted February 8, 2010
Menendez v. Progressive Express Insurance Co., Inc.,
35 Fla. L. Weekly S81a, (Fla. 3rd DCA Feb. 4, 2010)
Florida Supreme Court Finds That Pre-Suit Notice Requirement Was Substantive Amendment To PIP Statute And Could Not Be Applied Retroactively Despite Legislative Intent