39 Fla. L. Weekly D2575a Insurance — Homeowners — Sinkhole claim — Appraisal — There is no merit to insurer’s contention that trial court should not have ordered appraisal because the only dispute between parties was about the method of repair rather than the amount of loss — Insureds did not waive appraisal by engaging […]
Archives for December 2014
Appellate Practice – Preservation – Appellant waived ground for appeal of order granting new trial by failing to argue such ground alongside primary basis for disputing new trial
39 Fla. L. Weekly D2574a Torts — New trial — Appeals — Claim that trial court erred in awarding plaintiff a new trial on past economic damages only, and should have ordered a new trial on both liability and damages, was not preserved for appeal where defendants opposed motion for additur or new trial only […]
Workers’ Compensation — Consideration of whether major contributing cause of treatment was work-related
39 Fla. L. Weekly D2511c Workers’ compensation — Medical benefits — Major contributing cause — No error in awarding continuing medical treatment for work-related neck injury — Judge of compensation claims properly considered claimant’s preexisting condition, degenerative changes to cervical spine unrelated to any accident, in analyzing whether major contributing cause for need for treatment […]
Commercial General Liability Insurance — Coverage for defamation claim
39 Fla. L. Weekly D2534e Insurance — Commercial general liability — Duty to defend or indemnify — Officers and directors of insured professional service organization — Insurer owed officers and directors duty of defense on third-party complaint filed by former officer alleging defamation based on statements made by third-party defendants during their systematic plan to […]
Homeowners’ Insurance — Right to Appraisal / Waiver — Sinkhole claim — Substitution of FIGA for insolvent carrier
39 Fla. L. Weekly D2529a Insurance — Homeowners — Sinkhole claim — Appraisal — Waiver of right to appraisal — Insureds did not waive right to appraisal by failing to demand appraisal until five months after insurer admitted coverage where insureds did not aggressively litigate case after insurer admitted coverage — Filing of amended complaint […]