Case Law: Select Decisions Through January 18, 2022

• Published date: 20 January 2022
• Subject Matter: Insurance, Litigation, Mediation & Arbitration, Insurance Laws and Products, Trials & Appeals & Compensation
• Law Firm: Lewis Brisbois Bisgaard & Smith LLP
• Author: Mr Justin Shindore and Edward Sylvester

There is much variety among the insurance law decisions issued by Florida courts over the past year, although the majority of rulings fall under property insurance. There is an amusing quote from one of the Select Decisions: 'As a general matter, insurance policies and insurance salesmen have long been the butt of jokes. The former are not known for beautiful prose nor the latter for exciting conversation.' ECB USA, Inc., et al. v. Chubb Ins. Co. of New Jersey, et al., *1 (U.S.D.C. for S.D. Fla., Dec. 17, 2021 - Judge Scola).

Attorneys' Fees

Garrido v. Safepoint Ins. Co. (Fla. 3rd DCA, January 12, 2022 - Judges Scales, Miller, Bokor) (finding that insurers' voluntary payment of first-party property claim and confession of judgment, without court involvement, did not 'conclude the action' so as to trigger Florida Rule 1.525's thirty-day time period for motions for fees).

Auto Insurance

Pro-Medics Therapy & Rehab Ctr. V. United Auto Ins. Co. (Fla. 3d DCA, Dec. 22, 2021 - Judge Logue with Judges Hendon and Lobree concurring) (reversing trial court determination that PIP benefits did not extend to plaintiff medical provider's patient/assignee, as patient/assignee was a 'co-insured' under the relevant auto policy, and the plain meaning of the term 'co-insured' indicated that the patient/assignee was covered by the relevant insurance policy and therefore entitled to PIP benefits thereunder).

Bad Faith

Wendy Firtell and Brian Firtell v. USAA Casualty Insurance Company (Fla. 4th DCA, Jan. 5, 2022 - Judge Ciklin with Judge Harper concurring and Judge Artau dissenting) (finding that trial court improperly granted summary judgment in favor of insurer on bad faith claim, as the question of whether an insurer acted in good faith toward its insured in resolving a claim is typically an issue of fact for the jury).

Disability Insurance

Metro Life. Ins. Co. v. Liebowitz (U.S. District Ct., Middle District - Jan. 11, 2022 - Judge John Steele) (finding, in rescission action, that statements in insured physician's insurance application, which denied knowledge of any 'fact that could change [his] occupational status or financial stability' and denied that his license was 'under review' were false and material as a matter of law when insured knew that he was the subject of a pending Department of Health investigation at the time and no objectively reasonable applicant would provide the answers he provided; however, the issue of whether the insured intended to deceive the...