Archives for February 2015

25 Fla. L. Weekly Fed. C859a Employment discrimination — Americans with Disabilities Act — Family Medical Leave Act — No error in entering summary judgment in favor of former employer who dismissed plaintiff from employment as commercial truck driver after plaintiff was diagnosed as suffering from alcoholism — Employer did not violate ADA by terminating Read More »

40 Fla. L. Weekly D402a Torts — Premises liability — Trip and fall — New trial — Trial court did not abuse discretion by granting new trial after jury verdict for defendant based upon finding that defendant had destroyed evidence, that defendant had violated court orders, that defendant had engaged in material, willful discovery violations Read More »

40 Fla. L. Weekly D442a Insurance — Automobile — Rescission — Material misrepresentations on application — Identity of owner of vehicle — Trial court properly found that claimant made material mispresentations in insurance application, warranting rescission of policy, by misrepresenting that she was registered owner of vehicle — Trial court erred in failing to consider Read More »

40 Fla. L. Weekly D354c Insurance — Homeowners — Sinkhole claims — Appraisal — Florida Insurance Guaranty Association — Trial court erred in requiring FIGA to participate in appraisal process — Scope of FIGA’s liability for sinkhole loss is determined by statutory definition of “covered claim” at time insurer was adjudicated insolvent rather than definition Read More »

40 Fla. L. Weekly D368a Insurance — Exclusions — Exclusion of coverage on single-family home for losses caused by vandalism and malicious mischief, theft or attempted theft if dwelling had been vacant or unoccupied for more than thirty consecutive days excluded coverage for arson which destroyed insured home RAZIYA BOTEE, Appellant, v. SOUTHERN FIDELITY INSURANCE Read More »