45 Fla. L. Weekly D660a Dissolution of marriage — Appeals — Former husband’s challenge to trial court’s order requiring parties to list marital home for sale within 30 days and cooperate toward that end was untimely where notice of appeal was filed more than 30 days after order was rendered — Subsequent order granting former Read More »
Archives for March 2020
Insurance — Wind and hail — Where policy issued to condominium complex was for named perils of wind and hail, insured had burden of showing that damage to roofs of condominium buildings was caused by the named peril of wind — Trial court erred by granting directed verdict for insured without allowing insurer to present evidence of non-wind related causes of damage — Insurer was not required to plead the existing damage exclusion as an affirmative defense
45 Fla. L. Weekly D597a Insurance — Wind and hail — Where policy issued to condominium complex was for named perils of wind and hail, insured had burden of showing that damage to roofs of condominium buildings was caused by the named peril of wind — Trial court erred by granting directed verdict for insured Read More »
Insurance — Homeowners — Property damage — Actual cash value — Evidence — Matching costs — Action for breach of insurance contract alleging that insurer failed to pay actual cash value for loss — Predecessor judge adhered to plain language of policy and Florida law in granting insurer’s motion in limine to preclude insured from introducing evidence of matching costs before insured began making repairs — Plain language of insurance policy and relevant statutes limit the initial payment of actual cash value to the direct physical loss to the property, and matching is not a direct physical loss — Entry of judgment as to breach of contract reversed where trial court committed procedural error by summarily concluding that insured could not recover for breach of contract despite neither party moving for summary judgment — Declaratory judgment — Directed verdict — Trial court erred in entering directed verdict in declaratory action — Declaration requested was moot where question of law had been previously settled — Moreover, trial court exceeded its procedural authority in directing verdict prior to commencement of trial
45 Fla. L. Weekly D642a Insurance — Homeowners — Property damage — Actual cash value — Evidence — Matching costs — Action for breach of insurance contract alleging that insurer failed to pay actual cash value for loss — Predecessor judge adhered to plain language of policy and Florida law in granting insurer’s motion in Read More »
Insurance — Property — Replacement cost policy — When insurer issues replacement cost policy, insurer is required initially to pay insured at least the actual cash value of the covered loss, less the deductible, and is thereafter required to pay its insured for repairs as the insured incurs repair costs — Trial court properly instructed jury on how to value insured’s relevant damages, and verdict in favor of insured was supported by competent substantial evidence
45 Fla. L. Weekly D641d Insurance — Property — Replacement cost policy — When insurer issues replacement cost policy, insurer is required initially to pay insured at least the actual cash value of the covered loss, less the deductible, and is thereafter required to pay its insured for repairs as the insured incurs repair costs Read More »
Contracts — Settlement agreement entered into between company which rents high-end luxury vehicles and party who rented vehicle which was damaged in collision — Where unambiguous agreement provided that party who rented vehicle would only pay for any and all reasonable repairs to the vehicle, trial court properly entered declaratory judgment finding that party who rented vehicle was not responsible for paying rental company for loss of rental income and diminution in vehicle value resulting from accident
45 Fla. L. Weekly D556a Contracts — Settlement agreement entered into between company which rents high-end luxury vehicles and party who rented vehicle which was damaged in collision — Where unambiguous agreement provided that party who rented vehicle would only pay for any and all reasonable repairs to the vehicle, trial court properly entered declaratory Read More »