CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 4124604
...The only remaining defendants were Dr. Freeman and Dr. Rodriguez. Med Pro insured both physicians and Walk-In Family Medical Center of Boynton Beach, Inc. (Walk-In), [1] each with policy limits of $225,000 per occurrence. The insurance policies were effective January 1, 1998. Section 627.4147(1)(b)1., Florida Statutes (2002), required the policies to include: a clause authorizing the insurer or self-insurer to determine, to make, and to conclude, without the permission of the insured, any offer of admission of liability and for arbitration pursuant to s....
...766.106, settlement offer, or offer of judgment, when such offer is within the policy limits. However, any offer of admission of liability, settlement offer, or offer of judgment made by an insurer or self-insurer shall be made in good faith and in the best interests of the insured. § 627.4147(1)(b)1., Fla. Stat. (2002); see also § 627.4147(3), Fla....
...Freeman's motion and Med Pro's petition. Dr. Freeman then filed a counterclaim for declaratory relief asserting in part that there was a dispute as to whether the Cohens settled their claim, that he did not authorize settlement, and that the requirements of section 627.4147, Florida Statutes (2003), were not satisfied....
...*1153 The Cohens filed a motion to enforce the settlement with Med Pro. The Cohens' motion also sought dismissal of Med Pro's complaint for declaratory judgment or alternatively summary judgment in that action. The Cohens argued that as a matter of law Dr. Freeman had no right to veto the settlement under section 627.4147(1)(b)1., Florida Statutes....
...Freeman leave to amend his counterclaim and file a cross-claim for declaratory relief against Med Pro. In these pleadings, Dr. Freeman asserted he cancelled his policy, Med Pro was without authority to settle the case, Med Pro did not settle the case in good faith, and that the procedural requirements of section 627.4147 were not met....
...luding these arguments were insufficient as a matter of law to prevent the Cohens and Med Pro from settling the medical malpractice action. Id. at 450 (citing Shuster v. S. Broward Hosp. Dist. Phys. Prof'l Liab. Ins. Trust,
591 So.2d 174 (Fla.1992); §
627.4147(1)(b)1., Fla....
...This appeal followed. [4] Although Dr. Freeman, Dr. Rodriguez, and the Florida Medical Association, as amicus curiae, (collectively "the doctors"), attempt to raise several arguments on appeal, their arguments boil down to one; that this court improperly construed section 627.4147 and Shuster in Cohen I, thus, depriving the doctors of their right to a jury trial....
...h in its conduct of the presuit investigation and settlement. He alleged violations of both the presuit investigation procedure pursuant to section
766.106 and violation of the duty of good faith settlement in the best interests of the insured under section
627.4147....
...d indicate nor do we believe it would have been the intent of the parties, that the insured give up his or her right to a counterclaim by entering into the agreement") (emphasis added). Shuster's teaching was known to the Legislature when it adopted section 627.4147(1)(b)1....
...I concur in the majority opinion, because Dr. Freeman was attempting to prevent the settlement from occurring. He was interfering with the insurance company's right to settle this malpractice action without the permission of the insured, as set forth in section
627.4147(1)(b)1., Florida Statutes. This is distinguishable from Rogers v. Chicago Insurance Co.,
964 So.2d 280 (Fla. 4th DCA 2007), in which I dissented, where the doctor sued for damages for violation of section
627.4147 after a settlement was consummated....
...sparingly, we were correct in applying that principle in Rogers and here. NOTES [1] Walk-In is the correct name of the Family Medical Center. [2] The statute was amended in 2003. It applies "to all policies issued or renewed after October 1, 2003." § 627.4147(3), Fla. Stat. (2003). However, the subsection in question is unchanged. See id.; § 627.4147(1)(b)1., Fla....
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 15183, 2007 WL 2781017
...06, Florida Statutes, and settled a claim which was completely defensible, causing him damages, including the insurance company’s subsequent refusal to renew his policy. The trial court dismissed the claim, finding that neither section
766.106 nor section
627.4147, upon which the doctor relied in making his claim, created a private cause of action against the insurer....
...its conduct of the presuit investigation and settlement. He alleged violations of both the presuit investigation procedure pursuant to section
766.106 and violation of the duty of good *282 faith settlement in the best interests of the insured under section
627.4147....
...faith where an insurer settled the claims of one party in a case where there were multiple parties and claims, or prevented the insured from pursuing a counterclaim. Id. at 177. Neither this court nor the Florida Supreme Court determined what effect section 627.4147(1) would have on the case, as the policy in that case was issued prior to the statute’s enactment....
...766.106, settlement offer, or offer of judgment, when such offer is within the policy limits. However, any offer of admission of liability, settlement offer, or offer of judgment made by an insurer or self-insurer shall be made in good faith and in the best interests of the insured. (emphasis supplied). Thus, section 627.4147(1) requires malpractice insurance policies to grant the insurer the sole authority to settle a claim where settlement *284 is within policy limits....
...Although they are distinguishable, three cases from this court bear mentioning. In Bland v. Cage,
931 So.2d 931 (Fla. 4th DCA 2006), review denied,
948 So.2d 758 (Fla. 2007), the physician was objecting to the settlement of the malpractice claim, and this court held, without addressing section
627.4147, that the physician had no cause of action where the settlement was within the policy limits....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 17927, 2015 WL 7731744
...The trial court erred in entering summary final judgment in favor
of FPIC on the purported authority of section
766.1185(1)(a), Florida Statutes
(2005). Based on the “pleadings and summary judgment evidence on file,” Fla. R.
6
Section
627.4147(1)(b)1., Florida Statutes (2005), requires that “any offer
of admission of liability, settlement offer, or offer of judgment made by an insurer
or self-insurer shall be made in good faith and in the best interests of the insured.”
8
Civ....
...Samiian, and
whether waiving all defenses to liability while an offer to settle for policy limits
was pending served his, as opposed to the insurer’s, interests.
Reversed and remanded.
ROWE and MARSTILLER, JJ., CONCUR.
8
We reject Dr. Samiian’s assertion that pursuant to section 627.4147,
Florida Statutes (2005), the insurer retains exclusive control over the decision
whether to admit liability and offer arbitration. See §§ 627.4147(1); (1)(b)1., Fla.
Stat....
