26 Fla. L. Weekly Supp. 19aOnline Reference: FLWSUPP 2601STER Wrongful death — Jurisdiction — Non-residents — Tortious act within state — Motion to dismiss estate’s action against non-resident defendant, alleging that his communications with decedent caused her mental health to deteriorate to degree that she committed suicide, is denied where defendant communicated with decedent electronically Read More »
Archives for June 2018
Insurance — Homeowners — Coverage — Conditions precedent — Failure to comply — Dismissal required where insured failed to submit sworn proof of loss and failed to submit to requested examination under oath
26 Fla. L. Weekly Supp. 45cOnline Reference: FLWSUPP 2601WATS Insurance — Homeowners — Coverage — Conditions precedent — Failure to comply — Dismissal required where insured failed to submit sworn proof of loss and failed to submit to requested examination under oath IRMA WATSON, Plaintiff, v. HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. County Read More »
Insurance — Personal injury protection — Charge for electrodes pursuant to CPT code A4556 is covered under PIP statute
26 Fla. L. Weekly Supp. 40aOnline Reference: FLWSUPP 2601GIL Insurance — Personal injury protection — Charge for electrodes pursuant to CPT code A4556 is covered under PIP statute FLORIDA PAIN AND WELLNESS CENTERS, INC., (a/a/o Maria Gil), Plaintiff, v. ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough Read More »
Insurance — Attorney’s fees — Amount — Contingency risk multiplier of 1.50 is awarded to medical provider
26 Fla. L. Weekly Supp. 41bOnline Reference: FLWSUPP 2601SANT Insurance — Attorney’s fees — Amount — Contingency risk multiplier of 1.50 is awarded to medical provider KELLI SANTEE, Plaintiff, v. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 17-CC-010852. Division L. March 1, 2018. Michael Read More »
Wrongful death — Workers’ compensation immunity — Intentional torts exception — Action against decedent’s employer and fellow employee arising out of accident occurring on jobsite when decedent was cleaning cement-mixing pug mill — Trial court properly found that workers’ compensation was exclusive remedy for claims against employer where record contained no evidence indicating that decedent was not aware of danger, but instead established that risk of injury from pug mill was readily apparent, particularly since decedent had worked in or around pug mill many times in the past — Trial court erred when it entered summary judgment in favor of fellow employee on plaintiffs’ gross negligence claim where evidence of record indicated that employee directed decedent into pug mill for cleaning and then later activated pug mill without utilizing any of the safety systems or the signal system normally utilized by pug mill workers or otherwise checking to see if decedent was still inside
43 Fla. L. Weekly D1366a Wrongful death — Workers’ compensation immunity — Intentional torts exception — Action against decedent’s employer and fellow employee arising out of accident occurring on jobsite when decedent was cleaning cement-mixing pug mill — Trial court properly found that workers’ compensation was exclusive remedy for claims against employer where record contained Read More »