41 Fla. L. Weekly D2211bTop of Form Civil procedure — Dismissal of complaint — Action by condominium unit owner against another unit owner and condominium association alleging that improper installation of carpet on roof of condominium building resulted in water damage to plaintiff’s unit — Appeals — Order dismissing five of six counts against association Read More »
Archives for September 2016
Insured prevailing in action against insurer — A prevailing insured’s recovery of attorney’s fees under section 627.428, Florida Statutes, requires only an incorrect denial of benefits, not a showing of bad faith on the part of the insurer — Insurer’s payment of policy proceeds after suit has been filed constitutes the functional equivalent of a confession of judgment, thereby entitling insured to an award of attorney’s fees
41 Fla. L. Weekly S415aTop of Form Insurance — Homeowners — Sinkhole claims — The statutory presumption of correctness afforded to an insurer’s internal report during the investigation process in the sinkhole statutes does not extend to later trial proceedings — Attorney’s fees — Insured prevailing in action against insurer — A prevailing insured’s recovery Read More »
Civil rights — Employment discrimination — Disparate treatment
26 Fla. L. Weekly Fed. C782aop of Form Civil rights — Employment discrimination — Disparate treatment — Action by Equal Employment Opportunity Commission on behalf of black job applicant whose offer of employment was rescinded pursuant to employer’s race-neutral grooming policy when applicant refused to cut off her dreadlocks — EEOC’s original and proposed amended Read More »
Insurance — Uninsured motorist — Bad faith failure to settle
26 Fla. L. Weekly Fed. D57aTop of Form Insurance — Uninsured motorist — Bad faith failure to settle — Count asserting claim for UM benefits against insurer is ambiguous and must be clarified where it is unclear whether insured is attempting to assert a claim “pursuant to” insurance contract for a determination of entitlement to Read More »
Torts — Automobile accident — Attorney’s fees — Appellate fees — Proposal for settlement — Trial court erred in finding that joint proposal for settlement made by plaintiff to driver of vehicle and owner of vehicle was unenforceable where plaintiff sought appellate fees only against driver of vehicle
41 Fla. L. Weekly D2169aTop of Form Torts — Automobile accident — Attorney’s fees — Appellate fees — Proposal for settlement — Trial court erred in finding that joint proposal for settlement made by plaintiff to driver of vehicle and owner of vehicle was unenforceable where plaintiff sought appellate fees only against driver of vehicle Read More »