41 Fla. L. Weekly D1561a Insurance — Homeowners — Coverage — Sinkhole claim — Error to enter judgment for damages payable directly to insureds without regard to policy’s loss settlement provision, under which insurer had obligation to pay for repairs only as work was performed under subsurface repair contract CITIZENS PROPERTY INSURANCE CORPORATION, Appellant, Read More »
Archives for July 2016
Workers’ compensation — Temporary partial disability — Affirmative defenses — Misrepresentation for purpose of obtaining benefits
41 Fla. L. Weekly D1567aTop of Form Workers’ compensation — Temporary partial disability — Affirmative defenses — Misrepresentation for purpose of obtaining benefits — Judge of compensation claims applied too narrow an analysis to employer/carrier’s misrepresentation defense by considering only whether alleged misrepresentation related to knee injury for which benefits were being sought — Claimant Read More »
Torts — Battery — Negligence — Prohibition — Immunity from suit — Stand Your Ground law — Someone who has successfully demonstrated that he has Stand Your Ground immunity in a criminal proceeding is not required to prove it again in a subsequent civil suit
41 Fla. L. Weekly D1541aTop of Form Torts — Battery — Negligence — Prohibition — Immunity from suit — Stand Your Ground law — Someone who has successfully demonstrated that he has Stand Your Ground immunity in a criminal proceeding is not required to prove it again in a subsequent civil suit — Immunity conferred Read More »
Torts — Premises liability — Civil procedure — Amendment of complaint — Trial court abused its discretion in denying motion for leave to amend complaint to allege new version of events on ground that amendment would be futile
41 Fla. L. Weekly D1536aTop of Form Torts — Premises liability — Civil procedure — Amendment of complaint — Trial court abused its discretion in denying motion for leave to amend complaint to allege new version of events on ground that amendment would be futile — Even though complaint alleged version of events that differed Read More »
Torts — Punitive damages — Trial court departed from essential requirements of law by allowing plaintiffs to plead punitive damages claim without first determining whether plaintiffs’ proffer established reasonable basis for recovery pursuant to section 768.72(3)
41 Fla. L. Weekly D1531aTop of Form Torts — Punitive damages — Trial court departed from essential requirements of law by allowing plaintiffs to plead punitive damages claim without first determining whether plaintiffs’ proffer established reasonable basis for recovery pursuant to section 768.72(3), which established a heightened standard for imposing punitive damages on an employer Read More »