PMT: Newsletter: 2010 Article Index

•	Citizens Property Insurance Corporation not subject to bad faith claims
•	The land may shift, but the burden of proof does not
•	Fifth District Court of Appeal holds permissive statute is not controlling over policy language
•	Proposals for settlement that do not resolve claims for declaratory relief held to be invalid

February 2010

•	Landmark Supreme Court decision alters manner in which courts determine motions to dismiss under rule 12(b)(6)
•	Subcontractor liable for prejudgment interest on all damages including attorneys' fees for failure to procure insurance naming contractor as insured
•	Third DCA looks outside the box to determine whether rejection of proposal for settlement is reasonable

March 2010

•	Homeowner is liable for attorney's fees incurred by leak detection services in subrogation action by homeowner's insurance
•	Clerical services by physician's employee may be considered excluded professional services under business owner's policy
•	Parents held liable for entrusting child with an all terrain vehicle resulting in death of another

April 2010

•	Insurer not entitled to summary judgment in light of disputed issues as to whether policy limits were timely tendered
•	Insured transportation company entitled to no fault coverage for auto collision despite driver not having been pre-approved
•	Loss caused by shifting of earth under home due to water line rupture excluded, however, cost to repair plumbing covered

May 2010

•	The Southern District slams a claim for bad faith failure to settle wrongful death claim
•	Coblentz agreement cannot create coverage where coverage does not exist
•	Second District Court of Appeals finds that the Federal Aviation Act preempts Florida's Dangerous Instrumentality Law

June 2010

•	Household exclusion in automobile policy deemed ambiguous and unenforceable
•	Court enforces arbitration of personal injury and negligent design claims
•	Four day "Eternity" prior to State Farm's settlement offer insufficient to trigger bad faith liability

July 2010

•	Proposal for settlement that required all plaintiffs to accept the offer was invalid and unenforceable
•	Insurer's payment of appraisal award after suit by the insured for breach of contract may constitute a confession of judgment depending on the facts
•	Broker may be held liable to insurer for negligent or intentional misrepresentations of fact

August 2010

•	Two recent property cases shed light on the adjusting process, the requirement to fulfill the conditions precedent contained within the policy, and the entitlement to attorney's fees
•	Broker not liable for its own negligence in failing to procure coverage where no actual gap in coverage due to the insurer's failure to provide 45 day notice for non-renewal
•	Summary judgment affirmed in favor of broker on claims that it failed to procure adequate insurance, but questions of whether broker provides "professional service" certified to Florida Supreme Court

September 2010

•	Failure to provide statutory notice of mediation precludes Figa's right to compel appraisal
•	Insured's fraud voids all coverage
•	Insurer is entitled to contest coverage claims prior to entry of order confirming appraisal award without challenging coverage as a whole

October 2010

•	School does not owe student a duty of care at off-campus, unsanctioned, unsupervised, private party
•	You can't tape this
•	Condominium association's counterclaim for breach of contract against public adjuster dismissed to to it's failure to disclose evidence prior to trail

November 2010

•	Assignee cannot recover damages in third party bad faith claim where insured was not exposed to excess liability
•	First district rejects immunity argument before final judgment
•	Wrongful death defendant may assert fifth amendment privilege against self-incrimination

December 2010

•	Attorney client privilege "eviscerated" in insurer bad faith cases
•	Apparent authority and its impact on waiving a right to deny coverage
•	Award of future medical expenses requires evidence that future treatment will be necessary within a "reasonable certainty"
•	Insured must plead sufficient specific facts to withstand motion to dismiss action for specific performance and / or declaratory judgment

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