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

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Archives for November 2014

November 21, 2014 by admin

U.S. Middle District of Florida Order — Abatement versus Dismissal of Premature Bad Faith Claim

25 Fla. L. Weekly Fed. D52a Insurance — Automobile — Bad faith — Claim for damages based on statutory first-party bad faith in settlement of claims to be abated rather than dismissed pending resolution of underlying claim — Claim for declaratory judgment of liability for collision and total amount of plaintiff’s damages must be dismissed […]

Filed Under: Articles

November 21, 2014 by admin

Workers’ Compensation — Attorneys’ Fees — Section 57.105 does not provide a basis for award of costs / fees in original work comp proceedings

39 Fla. L. Weekly D2378a Workers’ compensation — Attorney’s fees — Costs — Judge of compensation claims properly denied award of attorney’s fees under section 57.105, as statute does not apply to original proceedings involving workers’ compensation claims brought under chapter 440 — JCC used improper standard when it denied reimbursement for any and all […]

Filed Under: Articles

November 21, 2014 by admin

Homeowners’ Insurance — Fifth DCA affirms summary judgment for insurance carrier — policy unambiguously excluded coverage

39 Fla. L. Weekly D2383a Insurance — Homeowners — Liability — Exclusions — Sexual molestation — Trial court properly found that policy did not cover insureds for their negligent supervision of child who was allegedly sexually battered by insureds’ child while in the care of insureds — Policy exclusion is clear and unambiguous HELEN DUENO, […]

Filed Under: Articles

November 14, 2014 by admin

Wrongful Death – Enforcement of Pre-Suit Settlement Agreement — no meeting of the minds

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT JOHNNY THOMPSON, as Personal Representative of the ESTATE OF SCOTT THOMPSON, on behalf of the surviving parents, JOHNNY and MARIE THOMPSON, Appellant, v. ESTATE OF KENDRICK KEVIN MAURICE, CHRISTICE GUILLAUME, JACKSON JOSEPH and PATRICIA GUILLAUME, Appellees. No. 4D13-2618 [ November 12, 2014 ] Appeal […]

Filed Under: Articles

November 14, 2014 by admin

Automobile Insurance — Issue of fact precluded determination that excess coverage extended to loss

39 Fla. L. Weekly D2301a Insurance — Automobile accident — Excess liability — Coverage — Trial court erred in entering summary judgment, determining permissive user of automobile was covered under automobile owner’s umbrella policy, where an issue of material fact remains regarding whether the insured satisfies umbrella policy’s requirement that he could be “legally obligated” […]

Filed Under: Articles

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