28 Fla. L. Weekly Fed. C685a Consumer law — Fair Credit Reporting Act — Criminal background checks — Action for compensatory and punitive damages against consumer reporting agency that prepares criminal background reports on individuals, alleging defendant’s failure to follow its common-name procedure when preparing criminal background report for a prospective employer resulted in mispairing Read More »
Archives for January 2020
Insurance — Florida Insurance Guaranty Association — Attorney’s fees — Circuit court improperly found that insured was entitled to prevailing party attorney’s fees under section 631.70 because FIGA never denied insurer’s claim by affirmative action before suit was filed where FIGA was not notified of insured’s claim until after he filed suit with circuit court
45 Fla. L. Weekly D219a Insurance — Florida Insurance Guaranty Association — Attorney’s fees — Circuit court improperly found that insured was entitled to prevailing party attorney’s fees under section 631.70 because FIGA never denied insurer’s claim by affirmative action before suit was filed where FIGA was not notified of insured’s claim until after he Read More »
Torts — Negligence — Workers’ compensation immunity — Estoppel — Negligence action filed against employer after plaintiff voluntarily dismissed workers’ compensation petition — Employer is not estopped from asserting workers’ compensation immunity where, in compensation proceeding, employer asserted that no work accident causing injury occurred at all, not that accident occurred outside the scope of employment — An employer is not estopped from asserting workers’ compensation exclusivity merely because it had denied compensability of an alleged workplace injury — Employer is entitled to litigate whether a compensable accident occurred in a compensation forum
45 Fla. L. Weekly D194g Torts — Negligence — Workers’ compensation immunity — Estoppel — Negligence action filed against employer after plaintiff voluntarily dismissed workers’ compensation petition — Employer is not estopped from asserting workers’ compensation immunity where, in compensation proceeding, employer asserted that no work accident causing injury occurred at all, not that accident Read More »
Torts — Negligence — Breach of duty of care — Trial court erred in entering summary judgment for defendant tire store whose employee serviced tire on plaintiff’s vehicle which later had blow out resulting in crash that resulted in serious injury to plaintiff — Court erred in entering summary judgment on the basis that evidence was insufficient to show that plaintiff had tire serviced at defendant’s tire store, as court would have had to weigh evidence or consider credibility of witnesses to reach that conclusion — Court erred in entering summary judgment on basis that there were no genuine issues of material fact as to defendant’s vicarious liability for acts of its employee, including whether employee acted within course and scope of his employment — Evidence was sufficient to create issue of fact as to whether employee’s alleged acts were within scope of employment
45 Fla. L. Weekly D188b Torts — Negligence — Breach of duty of care — Trial court erred in entering summary judgment for defendant tire store whose employee serviced tire on plaintiff’s vehicle which later had blow out resulting in crash that resulted in serious injury to plaintiff — Court erred in entering summary judgment Read More »
Insurance — Homeowners — Summary judgment — Supporting affidavits — Trial court erred in entering summary judgment in favor of insurer on insurer’s breach of contract and fraud claims — Affidavit of corporate representative filed in support of insurer’s motions was insufficient basis for summary judgment where affidavit lacked sufficient information establishing that affiant possessed personal knowledge and competency to testify to the matters set forth in the affidavit, which included statements ranging from contract interpretation to trade specialties of plumbing and contracting
45 Fla. L. Weekly D128b Insurance — Homeowners — Summary judgment — Supporting affidavits — Trial court erred in entering summary judgment in favor of insurer on insurer’s breach of contract and fraud claims — Affidavit of corporate representative filed in support of insurer’s motions was insufficient basis for summary judgment where affidavit lacked sufficient Read More »