45 Fla. L. Weekly D907a Insurance — Breach of contract — Summary judgment — Error to grant final summary judgment in favor of insurer on grounds that suit was premature where insurer admitted coverage under the policy PATRICIA SKENE a/k/a TRICIA SKENE, Appellant, v. AVATAR PROPERTY & CASUALTY INSURANCE COMPANY as successor in interest to Read More »
Archives for April 2020
Insurance — Homeowners — Agents and representatives — Repairmen — No error in finding that handyman and water restoration employees who performed home repairs for which the insureds sought coverage were not required to be produced for examinations under oath — Handyman and water restoration employees were not the insureds’ “agents” or “representatives” as those terms were used in the policy — Furthermore, to extent policy is considered uncertain, court is compelled to construe interpretation against insurer
45 Fla. L. Weekly D966a Insurance — Homeowners — Agents and representatives — Repairmen — No error in finding that handyman and water restoration employees who performed home repairs for which the insureds sought coverage were not required to be produced for examinations under oath — Handyman and water restoration employees were not the insureds’ Read More »
Workers’ compensation — Compensable accidents — Presumption of compensability — Heart disease — Correctional officer — Trigger theory — Where medical evidence showed that claimant’s peak exercise workouts in 2002 triggered degeneration of his congenital heart condition into atrial fibrillation, but this evidence wasn’t evaluated as a non-occupational cause that would overcome statutory presumption of compensability, reversal of compensation order entered in favor of claimant and remand for further consideration of trigger theory in view of exercise-related evidence is appropriate — Discussion of “trigger theory”
45 Fla. L. Weekly D982a Workers’ compensation — Compensable accidents — Presumption of compensability — Heart disease — Correctional officer — Trigger theory — Where medical evidence showed that claimant’s peak exercise workouts in 2002 triggered degeneration of his congenital heart condition into atrial fibrillation, but this evidence wasn’t evaluated as a non-occupational cause that Read More »
Insurance — Homeowners — Declaratory judgment — Trial court erred in dismissing insurer’s complaint seeking declaration of rights and remedies under election to repair provision of policy and breach of contract claim that policy terms were anticipatorily repudiated by insureds, excusing further performance by insurer and allowing insurer to recover as damages its reasonable costs incurred in prosecuting lawsuit
45 Fla. L. Weekly D879b Insurance — Homeowners — Declaratory judgment — Trial court erred in dismissing insurer’s complaint seeking declaration of rights and remedies under election to repair provision of policy and breach of contract claim that policy terms were anticipatorily repudiated by insureds, excusing further performance by insurer and allowing insurer to recover Read More »
Torts — Landlord-tenant — Tenant’s action against landlord alleging negligence and negligent repair and seeking damages for injuries suffered by tenant when he slipped in apartment’s bathroom after water backed up in bathtub due to clogged drain — Trial court did not err in denying defendant landlord’s motion for directed verdict — Court did not err in denying defendant landlord’s motion for new trial which alleged that verdict for plaintiff was against manifest weight of evidence
45 Fla. L. Weekly D877a Torts — Landlord-tenant — Tenant’s action against landlord alleging negligence and negligent repair and seeking damages for injuries suffered by tenant when he slipped in apartment’s bathroom after water backed up in bathtub due to clogged drain — Trial court did not err in denying defendant landlord’s motion for directed Read More »
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