Florida/Georgia Personal Injury & Workers Compensation

...Count VI (Violation of FDUTPA) is DISMISSED with prejudice; 4. Count VII (Unjust Enrichment) is DISMISSED with prejudice; 5. Count VIII (Negligence) is DISMISSED without prejudice; 6. Count IX (Negligence Per Se) is DISMISSED with prejudice as to Florida Statutes § 626.9641(1)(a)1 and (b)4; 7....

...ns. First, we agree with the trial court that Part VII of Chapter 626, Florida Statutes (Supp. 1976), in effect at the time the alleged cause of action arose, did not afford an individual insured a private, civil right of action against his insurer, § 626.9641(2), Fla....

...It also contains a policyholder's "bill of rights" which guarantees, among other things, that "policyholders shall have the right to competitive pricing practices and marketing methods that enable them to determine the best value among comparable policies." § 626.9641, Fla....

...It is reasonable, therefore, in the absence of any express contract provision, that the insurer comply with the statute by making the amount of the premium it sets known to the insured as an essential element of its offer to renew. Otherwise, an insurer cannot be in compliance with the requirements of section 626.9641 that "policyholders shall have the right to competitive pricing practices and marketing methods that enable them to determine the best value among comparable policies." *688 At oral argument it was suggested by counsel for Atlas that Ms....

...the insurer failed to renew one insured’s policy and cancelled another insured’s policy). In affirming the trial court’s granting of Summary Final Judgment in favor of the defendant insurer, the Court cited Cycle Dealers, supra, and Fla. Stat. § 626.9641 (2). The later statute provides that Fla.Stat. § 626.9641 “Policyholders, bill of rights,” did not create “a civil cause of action by any policyholder against any individual insurer.” Id. Plaintiffs’ counsel argues that since Fla. Stat. § 626.9641 (2) applies only to “that section,” to-wit, § 626.9641, that the Coira decision does not control this action, which is based on Fla.Stat....