25 Fla. L. Weekly Fed. D193a Insurance — Underinsured/uninsured motorist — Insureds’ action against insurer for injuries sustained in automobile accident — Federal jurisdiction — Diversity — Amount in controversy — Although face of complaint, which seeks coverage for breach of insurance contract and alleges only that amount in controversy exceeds $15,000, is insufficient to […]
Archives for July 2015
Attorney’s fees — Proposal for settlement — Motion for extension of time for acceptance of the proposal was ineffective
40 Fla. L. Weekly D1703a Attorney’s fees — Proposal for settlement — Where, prior to expiration of time within which it could properly accept defendant’s proposal for settlement, plaintiff filed a motion for extension of time to accept the proposal for settlement, but defendant did not agree to the extension and plaintiff took no steps […]
Civil procedure — Default — Abuse of discretion to enter judicial default — Kozel analysis
40 Fla. L. Weekly D1696b Civil procedure — Default — Abuse of discretion to enter judicial default against defendants as sanction for failure by defendants and their counsel to respond to discovery, failure to appear at court-ordered mediation, and failure to appear for calendar call without considering factors enumerated in Kozel v. Ostendorf and making […]
Appeals — Certiorari — Order striking request for jury trial based on express waiver is not reviewable by certiorari
40 Fla. L. Weekly D1687a Wrongful death — Nursing homes — Jury trial — Denial — Appeals — Certiorari — Order striking request for jury trial based on express waiver in nursing facility residency agreement is not reviewable by certiorari TRICIA ANN WALTER, as Personal Representative of the Estate of Norine C. Walter, Petitioner, […]
Insurance — Multi-peril crop insurance — Bad faith failure to settle claims — Failure to respond to Civil Remedy Notice within sixty days
25 Fla. L. Weekly Fed. D187a Insurance — Multi-peril crop insurance — Bad faith failure to settle claims for loss of cabbage crop — Presumption — Failure to respond to plaintiffs’ Civil Remedy Notice within sixty days — Insurer’s pre-suit exchange of information and presentation of evidence during arbitration proceedings with insured, which were ongoing […]