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Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982

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Archives for October 2014

October 31, 2014 by admin

Appellate Practice — appeal of judgment for costs and fees; although viability of judgment for costs / fees to prevailing party necessarily predicated on affirmance of underlying substantive judgment, reversal of cost / fee award should be argued in initial brief

39 Fla. L. Weekly D2220a Contracts — Real property sale — Breach of warranty — Fraudulent misrepresentation — Complaint alleging that defendant made fraudulent misrepresentations and breached warranty that there existed no violations of land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority by selling to buyer a building that was […]

Filed Under: Articles

October 31, 2014 by admin

Fourth DCA reiterates attorney / client privilege between carrier and its own counsel in underlying action remains intact for purposes of later bad faith action

39 Fla. L. Weekly D2215b Insurance — Bad faith — Discovery — Attorney-client privilege — Documents from insurer’s attorney’s litigation file in underlying coverage case — Trial court departed from essential requirements of law in requiring production of attorney-client privileged material on grounds that the privileged information did not pertain to bad faith aspects of […]

Filed Under: Articles

October 24, 2014 by admin

Homeowners’ Insurance — sinkhole claim — Federal Court — Middle District of Florida clarifies meaning of “structural damage”

25 Fla. L. Weekly Fed. D41a Insurance — Homeowners — Sinkhole claim — Claim by insurer that insured building did not suffer “structural damage” as defined by statute — Where policy did contain a definition of “structural damage” or refer to the statutory definition, “structural damage” should be given its plain meaning as “damage to […]

Filed Under: Articles

October 24, 2014 by admin

Trial Court Order granting motion for extension of time to respond to Offer of Judgment / Proposal for Settlement

22 Fla. L. Weekly Supp. 132b Online Reference: FLWSUPP 2201LAHE Insurance — Attorney’s fees — Proposal for settlement — Enlargement of time for response TOTAL INJURY CHIROPRACTIC LLC, a/a/o JEAN CLAUDE LAHENS, Plaintiff, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. County Court, 15th Judicial Circuit in and for Palm Beach County, County Civil Division. Case No. […]

Filed Under: Articles

October 24, 2014 by admin

Supreme Court upholds family vehicle exclusion within UM policy and concludes no UM coverage available to Class I insured injured as a passenger in family vehicle; Named insured’s waiver of stacking coverage binds all insureds

39 Fla. L. Weekly S647a Insurance — Uninsured motorist — Coverage — Insured injured while riding as passenger in insured vehicle being driven by permissive user — Family vehicle exclusion for uninsured motorist benefits does not conflict with section 627.727(3), Florida Statutes, when the exclusion is applied to a class I insured who seeks such […]

Filed Under: Articles

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