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Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982

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Archives for January 2017

January 5, 2017 by admin

Attorney’s fees — Proposal for settlement — Proposal’s use of word “claims” instead of word “damages” did not render proposal ambiguous where it was clear that the only claimed benefits at issue were uninsured motorist benefits, so that plaintiff’s “claim” and “damages” were one and the same

42 Fla. L. Weekly D113a Attorney’s fees — Proposal for settlement — Proposal’s use of word “claims” instead of word “damages” did not render proposal ambiguous where it was clear that the only claimed benefits at issue were uninsured motorist benefits, so that plaintiff’s “claim” and “damages” were one and the same — Court does Read More »

Filed Under: Articles

January 5, 2017 by admin

Insurance — Automobile liability — Bad faith failure to settle — Trial court erred in denying insurer’s motion for directed verdict on insured’s bad faith claim

42 Fla. L. Weekly D110a Insurance — Automobile liability — Bad faith failure to settle — Trial court erred in denying insurer’s motion for directed verdict on insured’s bad faith claim where evidence, taken in light most favorable to insured, showed that insurer unconditionally tendered policy limits to decedent’s estate nine days after accident, insurer Read More »

Filed Under: Articles

January 5, 2017 by admin

Insurance — Uninsured motorist – Abuse of discretion to admit evidence and argument regarding the uninsured motorist’s intoxication at the time of the accident in the compensatory phase of trial — Evidence was insufficient to support award of damages for future medical expenses and future loss of earning capacity

42 Fla. L. Weekly D101b Insurance — Uninsured motorist — Where, in action against uninsured motorist insurer and uninsured motorist, defendants admitted liability and court bifurcated compensatory and punitive damages claims, it was an abuse of discretion to admit evidence and argument regarding the uninsured motorist’s intoxication at the time of the accident in the Read More »

Filed Under: Articles

January 5, 2017 by admin

Wrongful death — Venue — court did not abuse discretion by granting defendant’s motion to transfer venue, based on forum non conveniens

42 Fla. L. Weekly D52b Wrongful death — Venue — Action by surviving family members of decedents who were killed in crash of aircraft having alleged design defects against manufacturer of aircraft — Trial court did not abuse discretion by granting defendant’s motion to transfer venue, based on forum non conveniens, from county which has Read More »

Filed Under: Articles

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  • Insurance — Homeowners — Attorney’s fees — Trial court erred in awarding attorney’s fees and costs in favor of insureds where filing of lawsuit was not a necessary catalyst to resolve dispute — Where insurer admitted coverage for damage to interior of home, but denied coverage for damage to roof, the dispute over cause of loss to roof was an amount of loss issue for appraisers, not a coverage issue for court — Where insurer demanded appraisal prior to filing of lawsuit by insured, and indicated that it would repair any damage awarded in appraisal, the filing of lawsuit was not a necessary catalyst to resolve dispute over roof damage
  • Insurance — Commercial liability — Exclusions — Assault and battery — Insurer had no duty to defend insured in action alleging injury arising out of assault and battery on insured’s premises where policy contained endorsement excluding coverage for injury arising out of or resulting from assault or battery
  • Insurance — Homeowners — Appraisal — Assignees — No error in finding that appraisal provision of insured’s homeowner’s policy applied to insured’s assignee and granting insurer’s motion to compel appraisal — Policy did not classify appraisal as a duty of the insured — Assignee received an assignment that entitled it to receipt of payment from insurer, and concomitant with that right was its duty to comply with the conditions of the contract that afforded it payment
  • Insurance — Homeowners — Water damage — Post-loss obligations — Sworn proof of loss — Trial court erred in entering summary judgment in favor of insurer after finding that insureds had forfeited their policy coverage for failure to provide a sworn proof of loss — Policy did not eliminate duty of insured to provide sworn proof of loss where insurer opted to repair — However, because insureds complied to some extent with policy requirements, and policy required insurer to prove it was prejudiced by insureds’ failure to provide sworn proof of loss, material issues of fact remain
  • Insurance — Homeowners — Watercraft exclusion — No error in determining that watercraft exclusion in the insureds’ homeowners’ insurance policy precluded coverage for injuries sustained by a third party in a boating accident that occurred when the insured son, who had permission to use the boat from the insured father, allowed another third party to pilot the boat while intoxicated — The only applicable exception to the watercraft exclusion unambiguously states that the watercraft exclusion does not apply if the outboard engine or motor is not owned by an insured, and the boat and engine in this case were owned by the insured father — Severability clause, which provides that the policy “applies separately to each insured,” did not render watercraft exclusion ambiguous — Exceptions to the watercraft exclusion are not dependent on the insured who seeks coverage, but on the nature of the watercraft at issue

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