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

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Archives for September 2014

September 18, 2014 by admin

Workers’ compensation — Torts — Immunity — Section 440.11, which provides that the Workers’ Compensation Act is the exclusive remedy available to injured workers, their spouses, children and their estates for injuries or death on the job, does not provide a reasonable alternative to the tort remedy it supplanted — Statute is unlawful, invalid, and unconstitutional

21 Fla. L. Weekly Supp. 1037a Online Reference: FLWSUPP 2110FLOR Workers’ compensation — Torts — Immunity — Section 440.11, which provides that the Workers’ Compensation Act is the exclusive remedy available to injured workers, their spouses, children and their estates for injuries or death on the job, does not provide a reasonable alternative to the Read More »

Filed Under: Articles

September 18, 2014 by admin

Attorney’s fees — Proposal for settlement — Voluntary dismissal with prejudice is judgment for purposes of entitlement to attorney’s fees under section 768.79(6)

21 Fla. L. Weekly Supp. 1055a Online Reference: FLWSUPP 2110ESPI Insurance — Attorney’s fees — Proposal for settlement — Voluntary dismissal with prejudice is judgment for purposes of entitlement to attorney’s fees under section 768.79(6) — Insurer had reasonable basis for nominal proposal for settlement where plaintiff was not listed as passenger on police crash Read More »

Filed Under: Articles

September 18, 2014 by admin

Insured’s misrepresentations during deposition were not the type of misrepresentations contemplated by policy’s “fraud and misrepresentation” provision which would authorize insurer to void coverage under policy.

39 Fla. L. Weekly D1937a Insurance — Automobile liability — Trial court properly found that insurer was responsible for a sanctions judgment entered against insured for misrepresentations during discovery — Sanctions judgment constituted a cost charged to insured in a covered lawsuit — Insured’s misrepresentations during deposition were not the type of misrepresentations contemplated by Read More »

Filed Under: Articles

September 18, 2014 by admin

Attorney’s fees–Proposal for Settlement–Once appellate court had awarded appellate attorney’s fees, issue of good faith could not be raised for first time at hearing to fix amount of fees.

39 Fla. L. Weekly D1932a Attorney’s fees — Proposal for settlement — Where trial court had granted defendant’s motion for entitlement to trial court attorney’s fees and costs pursuant to proposal for settlement, appellate court granted defendant’s motion for appellate attorney’s fees and costs and remanded to trial court to fix amount, it was error Read More »

Filed Under: Articles

September 12, 2014 by admin

Fifth DCA, sitting en banc, determines attorney-client privilege precludes injured plaintiff from obtaining discovery from insured’s attorney in third-party bad faith action absent waiver or assignment; certifies question to Supreme Court

39 Fla. L. Weekly D1907b Insurance — Automobile liability — Bad faith — Discovery — Attorney-client privilege is applicable to discovery sought by injured party in third-party bad faith action against liability insurer where there was been no assignment from insured to injured party — Trial court departed from essential requirements of law in ordering Read More »

Filed Under: Articles

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