45 Fla. L. Weekly D1194a Insurance — Homeowners — All risk 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 […]
Archives for May 2020
Insurance — Homeowners — All risk policy — Exclusions — Claim for water damage — Trial court properly entered summary for insurer on basis that claim for water damage was excluded by constant and repeated seepage or leakage exclusion in policy — Insurer proffered evidence that damage likely occurred by slow leakage or seepage of water over period of weeks or months, and insureds failed to introduce sufficient evidence to show that the damage was instead caused by a one-time accidental release of water
45 Fla. L. Weekly D1210a Insurance — Homeowners — All risk policy — Exclusions — Claim for water damage — Trial court properly entered summary for insurer on basis that claim for water damage was excluded by constant and repeated seepage or leakage exclusion in policy — Insurer proffered evidence that damage likely occurred by […]
Insurance — Homeowners — Attorney’s fees — Prevailing party — Contingency fee multiplier — In determining whether relevant market required contingency fee multiplier to obtain competent counsel, trial court erred in considering plaintiff’s actual difficulty in locating counsel rather than looking at the relevant market itself — Trial court erred in analyzing whether counsel was able to mitigate risk of nonpayment where instead of relying on undisputed evidence that plaintiff could not afford an hourly fee, the trial court relied on the likelihood of success — Likelihood of success is to be considered in determining range of multiplier rather than whether risk of non-payment is mitigated
45 Fla. L. Weekly D1217c Insurance — Homeowners — Attorney’s fees — Prevailing party — Contingency fee multiplier — In determining whether relevant market required contingency fee multiplier to obtain competent counsel, trial court erred in considering plaintiff’s actual difficulty in locating counsel rather than looking at the relevant market itself — Trial court erred […]
Workers’ compensation — Attorney’s fees — Costs — Prevailing party — Appeals — Judge of compensation claims did not err in finding that claimant was not entitled to attorney’s fees and costs as a prevailing party — Claimant did not meet burden of showing that her attorney’s efforts achieved acceptance and payment of her claims because record shows that employer/carrier never denied benefits at issue — Claim of entitlement to costs as a prevailing party was not preserved for appellate review where issue was not brought to JCC’s attention through filing of motion for rehearing
45 Fla. L. Weekly D1177a Workers’ compensation — Attorney’s fees — Costs — Prevailing party — Appeals — Judge of compensation claims did not err in finding that claimant was not entitled to attorney’s fees and costs as a prevailing party — Claimant did not meet burden of showing that her attorney’s efforts achieved acceptance […]
Insurance — Homeowners — Coverage — Exclusions — Proper damage caused by insects or vermin — District court did not err in dismissing complaint for breach of contract and bad faith refusal to pay based on insurer’s denial of coverage for an infestation of brown recluse spiders in insureds’ home because brown recluse spiders are both “insects” and vermin” under ordinary meaning of those terms — District court committed no error by consulting dictionaries to determine those legislative facts
28 Fla. L. Weekly Fed. C1120a Insurance — Homeowners — Coverage — Exclusions — Proper damage caused by insects or vermin — District court did not err in dismissing complaint for breach of contract and bad faith refusal to pay based on insurer’s denial of coverage for an infestation of brown recluse spiders in insureds’ […]