21 Fla. L. Weekly Supp. 431a Online Reference: FLWSUPP 2105ROME Insurance — Personal injury protection — Attorney’s fees — Offer of judgment — Where medical provider rejected insurer’s $1.00 offer of judgment in PIP suit in which insurer raised affirmative defense that demand letter was not sent to designated recipient, provider sent second demand letter Read More »
Archives for May 2014
Workers’ Compensation: Medical benefits for heat exhaustion injury; compensability of diagnostic testing
39 Fla. L. Weekly D870a Workers’ compensation — Compensable accidents — Heat exhaustion — Medical benefits — Major contributing cause standard effective January 1, 1994, superseded prior court-created causation standards — Diagnostic tests are compensable if they are reasonably necessary to determine whether industrial accident was cause of injury ENERGY AIR and AMERISURE INSURANCE COMPANY, Read More »
Property Insurance: Proof of loss is a condition precedent to coverage
39 Fla. L. Weekly D838a Insurance — Property — Condominium and contents — Coverage — Conditions precedent — Sworn proof of loss — Where insured failed to submit sworn proof of loss, insurer did not owe payment under policy’s terms unless insured rebutted presumption that failure to submit sworn proof of loss prejudiced insurer — Read More »
Offers of Judgment / Proposals for Settlement: Failure to state amount and terms attributable to each defendant rendered OJ ineffective
39 Fla. L. Weekly D877a Attorney’s fees — Proposal for settlement — Error to award attorney’s fees pursuant to proposal for settlement where proposal did not state the amount and terms attributable to each defendant MOWAFFAK ATFEH AND RYDANAH ATFEH, Appellants, v. LILLIAN GICHIMU, Appellee. 5th District. Case No. 5D13-2070. Opinion filed April 25, 2014. Read More »
Appeal waived: Rehearing / reconsideration of order denying motion for relief from judgment does not toll time for filing notice of appeal
39 Fla. L. Weekly D882a Appeals — Timeliness — Motion for rehearing/reconsideration directed at denial of relief from judgment is unauthorized and will not toll thirty-day time limit for filing appeal — Trial court may not sua sponte decide to revisit a matter a party could not otherwise request the court revisit — Court’s referral Read More »