26 Fla. L. Weekly Fed. C1663aTop of Form Jurisdiction — Diversity — Citizenship — District court lacked diversity jurisdiction over suit between state university and a citizen of another state because state university, which is an arm of the Florida state government, is not a “citizen” of state for diversity jurisdiction purposes — Applying the Read More »
Archives for July 2017
Insurance — Liability — Executive and organization liability policies — Coverage — Exclusions — Professional services
26 Fla. L. Weekly Fed. C1665aTop of Form Insurance — Liability — Executive and organization liability policies — Coverage — Exclusions — Professional services — Bankruptcy trustees who were assigned the policy rights of insured bank and its executives filed breach of contract and bad faith action after primary and excess insurance carriers denied coverage Read More »
Wrongful death — Collision between motor vehicle and motorcycle — Trial court correctly ruled that statement “I just killed a kid” made by driver of vehicle to her twin sister was inadmissible pursuant to section 90.403 because probative value was substantially outweighed by danger of unfair prejudice -Where evidence and argument were presented that decedent’s impairment by use of cocaine and marijuana was causal factor for the accident, and verdict form presented issue of drug impairment and decedent’s comparative negligence for resolution by the jury, argument by decedent’s counsel advising jury that there would be no recovery for decedent’s parents if decedent were found 50 percent or more at fault was highly improper — New trial required
42 Fla. L. Weekly D1523a Top of Form Wrongful death — Collision between motor vehicle and motorcycle — Trial court correctly ruled that statement “I just killed a kid” made by driver of vehicle to her twin sister was inadmissible pursuant to section 90.403 because probative value was substantially outweighed by danger of unfair Read More »
Requests for admissions — Trial court erred in entering summary judgment for defendants in mortgage foreclosure action on basis of technical admissions resulting from plaintiff’s failure to timely respond to requests for admissions where record evidence contradicted the admissions
42 Fla. L. Weekly D1526aTop of Form Mortgage foreclosure — Discovery — Requests for admissions — Trial court erred in entering summary judgment for defendants in mortgage foreclosure action on basis of technical admissions resulting from plaintiff’s failure to timely respond to requests for admissions where record evidence contradicted the admissions, plaintiff filed motion for Read More »
Insurance — Automobile liability — Attorney’s fees and costs — Trial court properly awarded attorney’s fees and costs against insurer jointly and severally with insured pursuant to plaintiff’s proposal for settlement
42 Fla. L. Weekly S731aTop of Form Insurance — Automobile liability — Attorney’s fees and costs — Trial court properly awarded attorney’s fees and costs against insurer jointly and severally with insured pursuant to plaintiff’s proposal for settlement — Where policy index indicated that insurer would make additional payments under liability coverages for legal expenses Read More »