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Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982

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Archives for March 2020

March 12, 2020 by Jennifer Kennedy

Torts — Automobile accident — Collision with motorcycle — Trial court abused in granting new trial on basis that jury’s verdict finding no negligence on part of defendant was against manifest weight of evidence — Trial court’s finding that it was undisputed that defendant was liable for accident was not supported by trial record — Undisputed fact that defendant’s lane change resulted in collision with plaintiff’s motorcycle did not, by itself, make it undisputed that defendant’s lane change entailed a failure to exercise reasonable care — Remand with instructions to reinstate jury’s verdict

45 Fla. L. Weekly D563a Torts — Automobile accident — Collision with motorcycle — Trial court abused in granting new trial on basis that jury’s verdict finding no negligence on part of defendant was against manifest weight of evidence — Trial court’s finding that it was undisputed that defendant was liable for accident was not Read More »

Filed Under: Uncategorized

March 12, 2020 by Jennifer Kennedy

Insurance — Homeowners — All risks policy — Water damage — Breach of contract claim filed against insurer alleging that pool’s leaking drain pipe caused damages covered under policy — Trial court erred in granting summary judgment in favor of insurer based on finding that policy’s water damage exclusion barred insureds’ claim — Language of water damage exclusion provisions in policy plainly referred to naturally-flowing water or liquids existing outside of the plumbing system — Because trial court did not rule on policy’s “wear and tear” exclusion, insureds’ argument that exclusion did not apply is not ripe for appellate review

45 Fla. L. Weekly D544a Insurance — Homeowners — All risks policy — Water damage — Breach of contract claim filed against insurer alleging that pool’s leaking drain pipe caused damages covered under policy — Trial court erred in granting summary judgment in favor of insurer based on finding that policy’s water damage exclusion barred Read More »

Filed Under: Uncategorized

March 12, 2020 by Jennifer Kennedy

Appeals — Certiorari — Discovery orders — Trial court departed from essential requirements of law by compelling non-profit “watchdog group” that challenged certain development orders issued by city to disclose identity, contact information, and property address of all its members and supporters who would be adversely affected by the development orders for purpose of enabling city to establish plaintiff’s standing to sue

45 Fla. L. Weekly D540a Appeals — Certiorari — Discovery orders — Trial court departed from essential requirements of law by compelling non-profit “watchdog group” that challenged certain development orders issued by city to disclose identity, contact information, and property address of all its members and supporters who would be adversely affected by the development Read More »

Filed Under: Uncategorized

March 6, 2020 by Jennifer Kennedy

Insurance — Property damage — Trial court erred in entering summary judgment in favor of insurer where there were genuine issues of material fact as to whether property sustained physical damage consistent with reported loss and the cause of any damage

45 Fla. L. Weekly D510d Insurance — Property damage — Trial court erred in entering summary judgment in favor of insurer where there were genuine issues of material fact as to whether property sustained physical damage consistent with reported loss and the cause of any damage SUZZETTE OTTEY, Appellant, v. CITIZENS PROPERTY INSURANCE CORPORATION, Appellee. Read More »

Filed Under: Uncategorized

March 6, 2020 by Jennifer Kennedy

Insurance — Discovery — Trial court improperly required insurer to produce all documents in field adjuster’s claim file created prior to date coverage was denied

45 Fla. L. Weekly D510a Insurance — Discovery — Trial court improperly required insurer to produce all documents in field adjuster’s claim file created prior to date coverage was denied ANCHOR PROPERTY AND CASUALTY INSURANCE COMPANY, Petitioner, v. MIGUEL YANES and SISY NOAL-YANES, Respondents. 3rd District. Case No. 3D20-331. L.T. Case No. 18-7762. March 4, Read More »

Filed Under: Uncategorized

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Recent Posts

  • Insurance — Homeowners — Attorney’s fees — Trial court erred in awarding attorney’s fees and costs in favor of insureds where filing of lawsuit was not a necessary catalyst to resolve dispute — Where insurer admitted coverage for damage to interior of home, but denied coverage for damage to roof, the dispute over cause of loss to roof was an amount of loss issue for appraisers, not a coverage issue for court — Where insurer demanded appraisal prior to filing of lawsuit by insured, and indicated that it would repair any damage awarded in appraisal, the filing of lawsuit was not a necessary catalyst to resolve dispute over roof damage
  • Insurance — Commercial liability — Exclusions — Assault and battery — Insurer had no duty to defend insured in action alleging injury arising out of assault and battery on insured’s premises where policy contained endorsement excluding coverage for injury arising out of or resulting from assault or battery
  • Insurance — Homeowners — Appraisal — Assignees — No error in finding that appraisal provision of insured’s homeowner’s policy applied to insured’s assignee and granting insurer’s motion to compel appraisal — Policy did not classify appraisal as a duty of the insured — Assignee received an assignment that entitled it to receipt of payment from insurer, and concomitant with that right was its duty to comply with the conditions of the contract that afforded it payment
  • Insurance — Homeowners — Water damage — Post-loss obligations — Sworn proof of loss — Trial court erred in entering summary judgment in favor of insurer after finding that insureds had forfeited their policy coverage for failure to provide a sworn proof of loss — Policy did not eliminate duty of insured to provide sworn proof of loss where insurer opted to repair — However, because insureds complied to some extent with policy requirements, and policy required insurer to prove it was prejudiced by insureds’ failure to provide sworn proof of loss, material issues of fact remain
  • Insurance — Homeowners — Watercraft exclusion — No error in determining that watercraft exclusion in the insureds’ homeowners’ insurance policy precluded coverage for injuries sustained by a third party in a boating accident that occurred when the insured son, who had permission to use the boat from the insured father, allowed another third party to pilot the boat while intoxicated — The only applicable exception to the watercraft exclusion unambiguously states that the watercraft exclusion does not apply if the outboard engine or motor is not owned by an insured, and the boat and engine in this case were owned by the insured father — Severability clause, which provides that the policy “applies separately to each insured,” did not render watercraft exclusion ambiguous — Exceptions to the watercraft exclusion are not dependent on the insured who seeks coverage, but on the nature of the watercraft at issue

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