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

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Archives for June 2014

June 26, 2014 by admin

Property Insurance — Federal Court Order interpreting Florida statutory definition of “structural damage” — Amendment does not apply retroactively

24 Fla. L. Weekly Fed. D367a Insurance — Property — Coverage — Sinkhole loss — Structural damage — 2011 Amendment to Chapter 627, Florida Statutes, which adopted a definition of “structural damage” to be applied when interpreting insurance policies providing coverage for sinkhole loss, does not apply retroactively to insurance policy predating the amendment to Read More »

Filed Under: Articles

June 26, 2014 by admin

Homeowners Insurance — Second DCA reverses summary judgment entered in favor of insured where issue of fact as to whether insureds timely reported claim remained

39 Fla. L. Weekly D1273c Insurance — Homeowners — Sinkhole — Error to grant summary judgment in favor of insurer on homeowners’ sinkhole claim where there was material issue of fact concerning whether insureds timely reported their loss to insurer — In considering insurer’s defense of untimely notice of claim, circuit court must follow two-step Read More »

Filed Under: Articles

June 26, 2014 by admin

Property Insurance — Trial court erred in denying Insurer’s claim for attorneys’ fees pursuant to Offer of Judgment / Proposal for Settlement on ground such Offer was not made in good faith

39 Fla. L. Weekly D1271c Attorney’s fees — Insurance — Homeowners — Proposal for settlement — Trial court used incorrect standard in determining whether insurer’s nominal proposal for settlement of insured’s claim for hurricane damage was made in good faith — Rule is that minimal offer can be made in good faith if evidence demonstrates Read More »

Filed Under: Articles

June 26, 2014 by admin

Employment discrimination — Enforceability of arbitration clause in dispute between Florida resident and foreign corporation

39 Fla. L. Weekly D1315a Arbitration — Enforceability of arbitration clause — Employment discrimination claims brought by Florida resident against foreign corporation pursuant to Americans with Disabilities Act and state and federal civil rights acts — Contract between Florida resident and foreign corporation is an agreement evidencing a transaction involving interstate commerce to which Federal Read More »

Filed Under: Articles

June 24, 2014 by admin

Mr. Blair Clarke joins Abbey Adams

Mr. Clarke joined the Firm in May of 2014, and practices in various areas of civil defense litigation.

Filed Under: News

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