39 Fla. L. Weekly S122a Insurance — Uninsured motorist — Compulsory medical examination — An insured’s breach of a compulsory medical examination provision in an uninsured motorist policy of insurance does not result in forfeiture of benefits unless the insurer pleads and proves it was prejudiced as part of its affirmative defense — CME provision […]

Opinion filed March 26, 2014. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D12-2838 Lower Tribunal No. 10-57076 ________________ State Farm Insurance Company, Appellant, vs. Hermina and Oscar Reyes, Appellees. An Appeal from the Circuit Court for Miami-Dade County, Jorge E. Cueto,  Judge. Bernstein, Chackman, Liss & Rose; Elizabeth K. Russo […]

39 Fla. L. Weekly D577a Insurance — Homeowners — Sinkhole damage — Trial court improperly denied stay of breach of contract action pending completion of neutral evaluation process CITIZENS PROPERTY INSURANCE CORPORATION, a Florida government entity, Petitioner, v. REBECCA HANOS, Respondent. 2nd District. Case No. 2D13-3872. Opinion filed March 19, 2014. Petition for Writ of […]

39 Fla. L. Weekly D611a Criminal law — Evidence — Prior convictions — Where defense counsel brought out in cross-examination of law enforcement officer that defendant had made no admissions, door was opened for state to impeach defendant with his prior convictions — Trial court erred in allowing state to introduce certified copies of defendant’s […]

39 Fla. L. Weekly D596b Contracts — Venue — Trial court properly dismissed counterclaims relating to an investment agreement on basis of mandatory forum selection clause contained in agency investment agreement — Inconvenience and additional costs are insufficient reasons to refuse to enforce a mandatory forum selection clause THE ESTATE OF IDELLE STERN, etc., et […]