2018 WL 4075375 Only the Westlaw citation is currently available. United States District Court, N.D. Illinois, Eastern Division. STATE AUTO PROPERTY & CASUALTY INSURANCE COMPANY, INC., Plaintiff, v. Anthony BLAIR, Jr., Defendant. No. 15 C 8026 Signed 08/27/2018 Memorandum Opinion and Order Honorable Thomas M. Durkin, United States District Judge Read More »
Archives for August 2018
Attorney’s fees — Proposal for settlement — Insured prevailing in action against uninsured motorist insurer — When case involves a first-party bad faith claim alleging that an insurer is liable for an amount in excess of policy limits, the full application of such judgment against the insurer, including an award of attorney’s fees and costs based on section 768.79, should not be considered by the trial court until the bad faith litigation is resolved — Trial court appropriately stayed execution against insurer of any amount over the policy limits pending resolution of bad faith case, but erred in awarding trial and appellate fees and costs prior to resolution of bad faith litigation
43 Fla. L. Weekly D2000h Attorney’s fees — Proposal for settlement — Insured prevailing in action against uninsured motorist insurer — When case involves a first-party bad faith claim alleging that an insurer is liable for an amount in excess of policy limits, the full application of such judgment against the insurer, including an award Read More »
Jurisdiction — Non-residents — Action against foreign state insurance agent alleging that defendant negligently procured automobile insurance that did not provide sufficient underinsured motorist benefits — Defendant’s registration to do business in Florida and designation of a registered agent for service of process in Florida is insufficient, without more, to establish personal jurisdiction in Florida courts — Plaintiff did not establish basis for asserting general jurisdiction over defendant where complaint did not allege facts sufficient to establish that defendant engaged in substantial and not isolated activity in Florida — Due process standard for exercise of general jurisdiction over defendant was not satisfied where there was no showing that defendant is so heavily engaged in activity in Florida as to render it essentially at home in Florida
43 Fla. L. Weekly D1996a Jurisdiction — Non-residents — Action against foreign state insurance agent alleging that defendant negligently procured automobile insurance that did not provide sufficient underinsured motorist benefits — Defendant’s registration to do business in Florida and designation of a registered agent for service of process in Florida is insufficient, without more, to Read More »
Appeals — Non-final orders — Insurance — Homeowners — Water damage — Appraisal — Circuit court acting in its appellate capacity did not depart from essential requirements of law in dismissing for lack of jurisdiction an appeal of county court non-final order compelling appraisal and staying proceedings — No merit to contention that the county court order was a final order entitling opposing party to a direct appeal
43 Fla. L. Weekly D1929a Appeals — Non-final orders — Insurance — Homeowners — Water damage — Appraisal — Circuit court acting in its appellate capacity did not depart from essential requirements of law in dismissing for lack of jurisdiction an appeal of county court non-final order compelling appraisal and staying proceedings — No merit Read More »
Civil rights — Disabled persons — Americans with Disabilities Act — Access to public accommodations — Theme parks — Individuals with severe autism filed complaints alleging that defendant, at six of its theme parks, fails to accommodate their disabilities, and defendant responded that it accommodates plaintiffs’ disabilities through its current Disabilities Access Service program in which special access cards are issued to disabled guests who are unable to tolerate extended waits at rides due to cognitive disabilities — Defendant’s “blanket policy” of issuing of DAS Cards to all cognitively disabled guests, in and of itself, is not per se impermissible under Title III of ADA — Necessary modifications
27 Fla. L. Weekly Fed. C1192b Civil rights — Disabled persons — Americans with Disabilities Act — Access to public accommodations — Theme parks — Individuals with severe autism filed complaints alleging that defendant, at six of its theme parks, fails to accommodate their disabilities, and defendant responded that it accommodates plaintiffs’ disabilities through its Read More »
- 1
- 2
- 3
- …
- 5
- Next Page »