44 Fla. L. Weekly D3005a Wrongful death — Hotels — Swimming pool — Failure to post lifeguard — Trial court correctly concluded that Florida law does not impose a legal duty on the owner or operator of a private hotel swimming pool to provide a lifeguard for the protection of its guests — Although statutes Read More »
Archives for December 2019
Torts — Premises liability — Slip and fall in gym — Contracts — Exculpatory clause — Trial court erred in entering summary judgment in favor of defendant based on exculpatory clause in electronic membership agreement, which was presented to plaintiff on a computer tablet without an accompanying printed contract — Where in version of contract that was printed and placed in record, the contract had three pages; the bottom of the first page indicated that it was “Page 1 of 3” but did not reference exculpatory clause, which was in a box on the second page; and plaintiff’s signature appeared on the bottom of the first page, and plaintiff described contract language as being mostly obscured by a “pop-up” space for his signature, there remained a question of fact as to whether the electronic presentation of the contract prevented plaintiff from reading it — Further, question remained as to whether plaintiff was induced into not reading further by statements of defendant’s employee indicating that the contract consisted of financial terms and membership dates and directing the plaintiff to sign
44 Fla. L. Weekly D2991a Torts — Premises liability — Slip and fall in gym — Contracts — Exculpatory clause — Trial court erred in entering summary judgment in favor of defendant based on exculpatory clause in electronic membership agreement, which was presented to plaintiff on a computer tablet without an accompanying printed contract — Read More »
Insurance — Uninsured motorist — Collector vehicle policy — An insurer that issues a reduced premium collector vehicle policy may not limit uninsured motorist coverage under that specialty policy to accidents involving the occupancy or use of the collector vehicle
44 Fla. L. Weekly S300a Insurance — Uninsured motorist — Collector vehicle policy — An insurer that issues a reduced premium collector vehicle policy may not limit uninsured motorist coverage under that specialty policy to accidents involving the occupancy or use of the collector vehicle AMERICAN SOUTHERN HOME INSURANCE COMPANY, Petitioner, v. LOUIS PHILIP LENTINI, Read More »
Torts — Punitive damages — Appeals — Certiorari — Order denying motion to add a claim of punitive damages to complaint is not reviewable via certiorari because such a denial can be adequately remedied on appeal
44 Fla. L. Weekly D2968a Torts — Punitive damages — Appeals — Certiorari — Order denying motion to add a claim of punitive damages to complaint is not reviewable via certiorari because such a denial can be adequately remedied on appeal HIGH FIVE PRODUCTS, INC., and DONNA SMITH, Petitioners, v. JAMES “SKIP” RIDDLE, SHERI RIDDLE, Read More »
Insurance — Commercial crime — Coverage — Policy covering “[l]oss resulting directly from a fraudulent instruction directing a financial institution to debit [insured’s] transfer account and transfer, pay or deliver money or securities from that account,” unambiguously covers insured’s claim for a loss of more than $1.7 million to scammers stemming from phishing scheme in which a scammer posing as an executive of insured persuaded an employee to wire money to a foreign bank — The loss involved a fraudulent instruction directing a financial institution to transfer funds and resulted directly from a fraudulent instruction as required by the policy
28 Fla. L. Weekly Fed. C635a Insurance — Commercial crime — Coverage — Policy covering “[l]oss resulting directly from a fraudulent instruction directing a financial institution to debit [insured’s] transfer account and transfer, pay or deliver money or securities from that account,” unambiguously covers insured’s claim for a loss of more than $1.7 million to Read More »