Florida Insurance Law Blog : Florida Insurance Lawyer & Attorney : Mark Nation Law Firm : Orlando, Longwood, Gainesville

In Citizens Property Insurance Corporation v. Maytin, ____ So.3d ____ (Fla. 3rd DCA 2010), the insured homeowner sued Citizens for failing to pay a homeowner's claim.  After filing suit, the insured moved to compel appraisal.  Citizens argued that the insured prevented the insurer from fully inspecting the property, thereby precluding him from invoking the appraisal clause.  The trial court granted the motion to compel, and ordered the case to appraisal.  Citizens appealed the non-final order.

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In United Automobile Insurance Company v. Palm Chiropractic Center, Inc., a/a/o Thomas, ____ So.3d ____ (Fla. 4th DCA 2010), the PIP insurer sent the insured for a compulsory medical examination.  Based on the results of the CME, the PIP insurer advised the insured's medical provider that it would not pay for any further chiropractic care.  The insurer sent a check to the provider which stated "Pay to the order of PALM CHIROPRACTIC CTR FOR FULL & FINAL PAYMENT OF PIP BENEFITS F/A/O JOYCE THOMAS."  Palm cashed the check.

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In Point East Four Condominium Corporation, Inc., ____ So.3d ____ (Fla. 4th DCA 2010), a public adjuster sued his client for payment of its 10% contingency fee.  The client defended by showing that there had been no recovery and therefore no fee was due.  The trial court dismissed the case.

The contract between the PA and the client stated "the prevailing party in any action shall be entitled to reasonable attorney's fees."  The client moved for fees, and the trial court denied the request.

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In Saris v. State Farm Mutual Automobile Insurance Company, ____ So.3d ____ (Fla. 4th DCA 2010), Saris carried uninsured motorists insurance with State Farm.  The insured was injured by a underinsured / uninsured motorist.  The insured did not pursue a claim against the person who caused the accident, but instead filed an uninsured motorists claim against State Farm.

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