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

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Archives for July 2014

July 25, 2014 by admin

Workers’ Comp — Compensability of purported work-related heart condition — treatment for condition previously deemed non-compensable

39 Fla. L. Weekly D1483a Workers’ compensation — Compensable accidents — Heart disease — Law enforcement officer — New period of disability arising out of treatment of non-compensable cardiac condition — Res judicata — Collateral estoppel — Both law and competent substantial evidence support judge of compensation claims’ conclusion that claimant’s cardiac condition on new Read More »

Filed Under: Articles

July 25, 2014 by admin

Insurance Coverage — Property insurer’s duty to defend homeowner for negligent supervision claim; fact question whether claim arose from her “ownership” of community pool

39 Fla. L. Weekly D1491c Insurance — Liability — Duty to defend and indemnify — Declaratory judgment — Error to enter summary judgment finding that insurer which issued commercial general liability policy and umbrella policy to residential community association had duty to defend and indemnify individual association member in wrongful death action alleging member negligently Read More »

Filed Under: Articles

July 25, 2014 by admin

Second DCA Clarifies Distinction between “Abatement” and “Stay”

39 Fla. L. Weekly D1505c Civil procedure — Stay — Plaintiff is not entitled to certiorari review of order staying action pending litigation of other actions containing similar claims — Trial court’s order was a stay of the action, and not an abatement GUNTHER FLAIG in a representative capacity on behalf of and in the Read More »

Filed Under: Articles

July 17, 2014 by admin

Trial Court erred in compelling psychological examination of plaintiff without specifying manner, conditions and scope of exam

39 Fla. L. Weekly D1438a Torts — Discovery — Psychological examination — Although court could properly compel plaintiff who claims damages for mental anguish after being bitten by defendant’s dog to submit to psychological examination, it was a departure from essential requirements of law to require plaintiff to submit to psychological examination without specifying the Read More »

Filed Under: Articles

July 17, 2014 by admin

Homeowners’ Insurance — Statute of Limitations upon action for breach of property insurance contract

39 Fla. L. Weekly D1421a Insurance — Homeowners — Property damage from hurricane — Limitation of actions — Error to dismiss with prejudice homeowner’s complaint against insurer alleging breach of property insurance contract on ground that claim was barred by statute of limitations and on ground that insured failed to comply with notice of loss Read More »

Filed Under: Articles

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