44 Fla. L. Weekly D710a Workers’ compensation — Temporary partial disability — Judge of compensation claims erred in denying TPD benefits based on medical evidence that claimant’s ailment was never related to her employment where compensability was established by operation of section 440.20(4) during pay-and-investigate period — Error was harmless where claimant failed to satisfy Read More »
Archives for March 2019
Insurance — Homeowners — Water damage — Trial court erred in entering summary judgment in favor of insurer where there were genuine issues of material fact regarding whether interior rain damage exclusion in policy precluded coverage for water-damage repairs involved in case
44 Fla. L. Weekly D700a Insurance — Homeowners — Water damage — Trial court erred in entering summary judgment in favor of insurer where there were genuine issues of material fact regarding whether interior rain damage exclusion in policy precluded coverage for water-damage repairs involved in case BLUE STAR RESTORATION INC., (a/a/o Rodolfo Berroa), Appellant, Read More »
Insurance — Homeowners — Water damage — Trial court did not err in entering final summary judgment in favor of insurer in action filed by insureds after coverage was denied on ground that damage from leak in roof was created by normal wear and tear, an uncovered risk, rather than by a windstorm event — Affidavits submitted by insurer in support of its motion for summary judgment were sufficient to meet its burden, and opposing affidavit by expert who conducted inspection a year after the damaged roof was repaired failed to identify admissible evidence that created genuine issue of material fact
44 Fla. L. Weekly D686a Insurance — Homeowners — Water damage — Trial court did not err in entering final summary judgment in favor of insurer in action filed by insureds after coverage was denied on ground that damage from leak in roof was created by normal wear and tear, an uncovered risk, rather than Read More »
Torts — Negligence — Comparative — Automobile accident — Rear-end collision — Trial court erred in granting partial summary judgment finding defendant solely liable for rear-end collision as a matter of law — There was sufficient evidence from which a jury could have inferred that plaintiff was partially liable for collision where there were significant differences in parties’ deposition testimony regarding whether or not plaintiff engaged her brakes and veered in and out of turn lane, and whether or not plaintiff came to a rolling stop or only slowed down slightly — Partial summary judgment is affirmed to the extent that it found defendant was negligent where undisputed evidence established that defendant was following plaintiff too closely just prior to collision — Remand for new trial at which issue of comparative negligence should be considered by jury
44 Fla. L. Weekly D660a Torts — Negligence — Comparative — Automobile accident — Rear-end collision — Trial court erred in granting partial summary judgment finding defendant solely liable for rear-end collision as a matter of law — There was sufficient evidence from which a jury could have inferred that plaintiff was partially liable for Read More »
Insurance — Property damage — Appraisal — Trial court erred in compelling appraisal of insured’s claim where dispute had already arisen and insurer demanded appraisal before insurer provided written statutory notice to insureds of their right to mediate as mandated by section 627.7015
44 Fla. L. Weekly D649a Insurance — Property damage — Appraisal — Trial court erred in compelling appraisal of insured’s claim where dispute had already arisen and insurer demanded appraisal before insurer provided written statutory notice to insureds of their right to mediate as mandated by section 627.7015 MICHAEL KENNEDY and DEBRA KENNEDY, Appellants, v. Read More »