November 2009 Summaries
Posted November 23, 2009
Palm Beach Polo Holdings Inc. v. Equestrian Club Estates Property Owners Ass'n., 34 Fla. L. Weekly D2394a, (Fla. 4th DCA Nov. 18, 2009)
Fourth DCA Invalidates A Proposal For Settlement Filed In Declaratory Action Finding That It Failed To
Adequately Address The Claim For Injunctive Relief
Posted November 18, 2009
Espaillat v. Permanent Gen. Assurance Corp., Case No: CVA1 08-38, (9th Circ. Ct. Oct. 8, 2009)
(no FLW Supp citation available at this time)
Circuit Court For Orange County Affirms Denial Of Fee Award For Motion To Enforce Settlement Of A PIP Suit
Posted November 18, 2009
United Auto. Ins. Co. v. Comprehensive Health Center, Inc. (a/a/o Erla Telusnor), Case NO: 07-20457 CC 05(2),
(11th Cir. Ct. Oct. 21, 2009)(no FLW Supp citation available at this time)
Miami Dade Circuit Court Reverses Summary Judgment In Favor Of Provider Where Insured Failed To Attend IME And
Also Rules That Treating Physicians Should Not Receive Expert Witness Fees For Depositions
Posted November 17, 2009
State Farm Florida Ins. Co. v. Nichols, (5th DCA, 5D08-2873, 590-4199, 5D08-4200, 5D08-4201; 5D08-4202, November 6, 2009)
(no FLW Supp citation available at this time)
Fifth District Court of Appeal Interprets When Insuers are Obligated to Pay for Subsurface Sinkhole Repairs
Posted November 16, 2009
United Automobile Insurance Company v. A 1st Choice Healthcare Systems, 34 Fla. L. Weekly D2268a (3rd DCA Nov. 4, 2009)
(no FLW Supp citation available at this time)
Third DCA Rules That EOB Is Not Required Until Payment Is Made And That An Insured Has No Private Right Of
Action Against Insurer For Failure To Provide EOB
Posted November 13, 2009
Bryant v. Tarman, 34 Fla. L. Weekly D2276a (5th DCA Nov. 6, 2009)
(no FLW Supp citation available at this time)
Fifth DCA Rules All Damages Claimed As A Result Of A Single Wrongful Act Must Be Sought In One Law Suit
Posted November 10, 2009
Hanson v. Maxfield, 34 Fla. L. Weekly D2246a (1ST DCA, Oct. 30, 2009)
First DCA Finds Enforceable Settlement Agreement Despite Claim That Defendant Failed To Accept All Essential Terms
Posted November 4, 2009
State Farm Florida Insurance Company v. Seville Place Condominium Association, Inc., (3D08-2358),
34, FLW D2119a (3rd DCA Oct. 14, 2009)
Third DCA Allows First Party Bad Faith To Proceed Following Appraisal And Confirmation Of
Appraisal Even Though Liability And Coverage Issues Continue To Be Hotly Contested
