41 Fla. L. Weekly D696aTop of Form Insurance — Attorney’s fees — Prevailing insured — In determining commercial general liability insurer’s liability for fees incurred by insured, who prevailed in coverage dispute with insurer, trial court erred in limiting recovery of attorney’s fees under contingency fee agreement between insured and insured’s attorney to those fees Read More »
Archives for March 2016
Premises liability — Appeals — Limitation on appellate court’s review when determining whether a complaint states a cause of action — Sufficiency of a complaint to state a cause of action must be determined solely by examination of the complaint and its related attachments
41 Fla. L. Weekly S91aTop of Form Torts — Premises liability — Appeals — Limitation on appellate court’s review when determining whether a complaint states a cause of action — Sufficiency of a complaint to state a cause of action must be determined solely by examination of the complaint and its related attachments — In Read More »
Trial court erred in awarding attorney’s fees and costs incurred in preparation for and attendance at trial by opposing counsel to be paid by attorney whose actions caused mistrial in case
41 Fla. L. Weekly D634aTop of Form Attorney’s fees — Bad faith conduct by attorney — Trial court erred in awarding attorney’s fees and costs incurred in preparation for and attendance at trial by opposing counsel to be paid by attorney whose actions caused mistrial in case — Attorney’s dishonest statements to court did not Read More »
Torts — Automobile accident — Undertaker’s doctrine – Defendant did not undertake voluntary duty to prevent patron from driving while intoxicated by ceasing to serve alcohol to patron at some point and allegedly serving patron water in attempt to “sober her up”
41 Fla. L. Weekly D603dop of Form Torts — Automobile accident — Undertaker’s doctrine — Action against owner and operator of restaurant at which drunk driver whose vehicle hit plaintiffs’ vehicle had been drinking — No error in dismissing suit based on finding that section 768.125 insulated businesses from liability for damages caused by intoxicated Read More »
Judge of compensation claims did not apply correct analysis when it found that employer/carrier had successfully rebutted presumption of occupational causation of fire safety officer’s tachycardia
41 Fla. L. Weekly D589cTop of Form Workers’ compensation — Compensable accidents — Heart disease — Presumption of compensability — Firefighters — Judge of compensation claims did not apply correct analysis when it found that employer/carrier had successfully rebutted presumption of occupational causation of fire safety officer’s tachycardia — Evidence that claimant’s arterioventricular node reentrant Read More »