INSURANCE: AUTO INSURANCE: RESCISSION: MATERIAL MISREPRESENTATION: ALTHOUGH POLICY WAS SUBJECT TO RESCISSION FOR MATERIAL MISREPRESENTATION, TRIAL COURT ERRED BY FAILING TO CONSIDER WHETHER INSURER WAIVED ITS RIGHT TO RESCIND OR CONFESSED JUDGMENT BY MAKING PIP PAYMENTS TO HEALTH CARE PROVIDERS AFTER INSURED FILED SUIT FOR BREACH OF CONTRACT: EVIDENCE OF PAYMENT OF PIP BENEFITS WAS NOT BARRED BY SECTION 90.409, FLORIDA STATUTES, BECAUSE IT WAS NOT OFFERED TO PROVE LIABILITY FOR THE INJURY OR ACCIDENT

Echo v. MGA Insurance Company, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D442 (Fla. 1st DCA February 16, 2015)

After the plaintiff sustained injuries in a motor vehicle accident, her insurer rescinded her auto policy because her application misrepresented that she owned the accident vehicle. The plaintiff filed an action for breach of contract in which she … Click To Read Full Case Law Review...

TORTS: PERSONAL INJURY: ATTORNEY’S FEES: PROPOSAL FOR SETTLEMENT; INSURANCE: SUPPLEMENTARY PAYMENTS: ATTORNEY’S FEES AWARDED UNDER A PROPOSAL FOR SETTLEMENT ARE COVERED AS COSTS UNDER THE SUPPLEMENTARY PAYMENTS PROVISION OF AN AUTOMOBILE LIABILITY INSURANCE POLICY: CONTRACTS: CONSTRUCTION: AMBIGUOUS POLICIES MUST BE CONSTRUED IN FAVOR OF COVERAGE

GEICO General Insurance Company v. Hollingsworth, ___ So. 3d ___, 40 Fla. L. Weekly D308 (Fla. 5th DCA January 30, 2015)

The appellate court, in a personal injury case, affirmed final judgment holding the automobile liability insurer liable for attorney’s fees awarded against its insured under a proposal for settlement. The liability of the insurer was based upon a … Click To Read Full Case Law Review...

INSURANCE: AUTOMOBILE LIABILITY INSURANCE: SELF RETAINED LIMIT CREATED SELF INSURANCE RATHER THAN DEDUCTIBLE: EXCESS INSURER COMPLIED WITH ITS DUTY TO OFFER UNINSURED MOTORIST COVERAGE WHEN COVERAGE INITIATED

Hampton v. Florida Municipal Insurance Trust, ___ So. 3d ___, 40 Fla. L. Weekly D21 (Fla. 4th DCA December 17, 2014)

The insured, a municipality, was covered under an automobile liability insurance trust with a specific endorsement providing for a retained limit of $200,000. The court held that the retained limit created self insurance rather than a deductible. As … Click To Read Full Case Law Review...

INSURANCE: AUTO INSURANCE: EXCESS INSURANCE: DISPUTED ISSUE OF MATERIAL FACT EXISTED WHETHER INSURED UNDER EXCESS POLICY COULD BE LEGALLY OBLIGATED TO PAY PERSONAL INJURY CLAIM; CIVIL PROCEDURE: SUMMARY JUDGMENT: TRIAL COURT ERRED BY ENTERING SUMMARY JUDGMENT DETERMINING COVERAGE IN FAVOR OF PERSONAL INJURY CLAIMANT

Allstate Insurance Company v. Manzo-Pianelli, ___ So. 3d ___, 39 Fla. L. Weekly D2301 (Fla. 4th DCA November 5, 2014)

A permissive user was involved in a motor vehicle accident that resulted in a personal injury claim by a third party.  The owner’s excess insurer denied coverage.  The trial court entered summary judgment for the personal injury claimant, but … Click To Read Full Case Law Review...

INSURANCE: AUTO INSURANCE: PROPERTY DAMAGE: INSURER’S ACCEPTANCE OF INSURED’S PROPOSAL FOR SETTLEMENT: INSURED NOT ENTITLED TO ATTORNEY’S FEES UNDER SECTION 627.428, FLORIDA STATUTES, BECAUSE POLICY WAS ISSUED AND DELIVERED IN TEXAS: TRIAL COURT ERRED BY CONCLUDING THAT IT COULD NOT AWARD ATTORNEY’S FEES BASED ON TEXAS LAW

Lopez v. State Farm Mutual Automobile Insurance Company, ___ So. 3d ___, 39 Fla. L. Weekly D1058 (Fla. 3d DCA May 21, 2014)

The insurer issued and delivered an automobile insurance policy to the insured in Texas.  The insured subsequently moved to Florida, where his vehicle was damaged in an accident.  When the insurer underpaid the claim, the insured sued … Click To Read Full Case Law Review...