UPDATED THROUGH March 30, 2017
Meaning of “Suit” in CGL Policies – Chapter 558 Notices. Question Certified by the Eleventh Circuit Court of Appeals: “Is the notice and repair process set forth in Chapter 558 of the Florida Statutes a ‘suit’ within the meaning of the CGL policies issued by C&F to ACI?” Altman Contractors, Inc. v. Crum & Forster Spec. Ins. Co., No. SC16-1420 (review acknowledged Aug. 8, 2016). 11th Cir. decision: 832 F.3d 1318 (Aug. 2, 2016). Status: oral argument scheduled for Apr. 6, 2017; briefing complete (Jan. 23, 2017).
Attorneys’ Fees – Insurance Coverage. Certified Conflict: Are attorneys’ fees awarded pursuant to a proposal for settlement considered “costs” within the “Additional Payments” provision of an insurance policy that covers “All reasonable costs incurred by an insured at our request.” GEICO v. Macedo, No. SC16-935 (review granted Oct. 19, 2016). DCA decision: 190 So. 3d 1155 (Fla. 1st DCA May 6, 2016). Status: decision pending; briefing complete (Jan. 24, 2017); no oral argument.
Personal Injury Protection (PIP) Benefits – Reimbursement Per Medicare Fee Schedule. The Court answered the following certified conflict issue in the affirmative: Where the principal PIP coverage clause in a policy for medical benefits states that it will pay “eighty percent of reasonable expenses for medically necessary” services, does the following provision clearly and unambiguously elect/give notice, in accordance with the Florida Supreme Court’s decision in Geico General Insurance Co. v. Virtual Imaging Services, Inc., 141 So. 3d 147 (Fla. 2013), to reimburse medical benefits solely and exclusively according to the amounts permitted in the Medicare fee schedules and related limitations of section 627.736(5)(a)2–5, Florida Statutes: “Any amounts payable under this coverage shall be subject to any and all limitations authorized by section 627.736 or any other provisions of the Florida Motor Vehicle No–Fault Law, as enacted, amended or otherwise continued in the law, including, but not limited to, all fee schedules.” Allstate Ins. Co. v. Orthopedic Specialists, No. SC15-2298 (review granted Jan. 20, 2016). DCA decision: 177 So. 3d 19 (Fla. 4th DCA Aug. 19, 2015). Status: rehearing denied (Mar. 27, 2017); decided (Jan. 26, 2017); Slip Opinion; Oral Argument Video (Sept. 1, 2016); briefing complete (May 2, 2016).