42 Fla. L. Weekly D476bop of Form Insurance — Business auto — Uninsured motorist — Trial court erred in finding that an employee of the company which was the named insured in a business auto policy was entitled to underinsured motorist benefits for injuries suffered when he was struck by an automobile being driven by […]
Archives for February 2017
Insurance — Joinder of insurer in judgment against insured — Judgment creditor’s motion to join judgment debtor’s commercial general liability insurer as party to judgment was untimely where motion was not filed at time of final judgment or within the following fifteen days allowed for a motion for rehearing — Trial court departed from essential requirements of law by joining insurer to judgment that was already rendered
42 Fla. L. Weekly D464cTop of Form Insurance — Joinder of insurer in judgment against insured — Judgment creditor’s motion to join judgment debtor’s commercial general liability insurer as party to judgment was untimely where motion was not filed at time of final judgment or within the following fifteen days allowed for a motion for […]
Wrongful death — Loss of consortium — Spouse who was not married to a decedent at time of decedent’s injury may not recover consortium damages as part of wrongful death suit — Wrongful Death Act does not, directly or indirectly, abrogate or supersede the common law requirement that spouse must be married to injured party at time of injury to recover for loss of consortium
42 Fla. L. Weekly D453aTop of Form Wrongful death — Loss of consortium — Spouse who was not married to a decedent at time of decedent’s injury may not recover consortium damages as part of wrongful death suit — Wrongful Death Act does not, directly or indirectly, abrogate or supersede the common law requirement that […]
Workers’ compensation — Evidence — Judge of compensation claims erred in excluding deposition of employer/carrier’s adjuster on basis that deposition was taken within 10 days of final hearing in violation of administrative rule
42 Fla. L. Weekly D426bTop of Form Workers’ compensation — Evidence — Judge of compensation claims erred in excluding deposition of employer/carrier’s adjuster on basis that deposition was taken within 10 days of final hearing in violation of administrative rule — In excluding deposition, JCC did not correctly consider prejudice — JCC should have considered […]
Torts — Automobile accident — Vicarious liability — Dangerous instrumentality doctrine — Decedent’s estate was not liable under dangerous instrumentality doctrine for damages caused by decedent’s daughter while driving decedent’s car after decedent’s death and before the appointment of decedent’s stepson as personal representative
42 Fla. L. Weekly D439cTop of Form Torts — Automobile accident — Vicarious liability — Dangerous instrumentality doctrine — Decedent’s estate was not liable under dangerous instrumentality doctrine for damages caused by decedent’s daughter while driving decedent’s car after decedent’s death and before the appointment of decedent’s stepson as personal representative — Upon decedent’s death […]