Abbey Adams Logo

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

  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

  • Bloglovin
  • Facebook
  • LinkedIn
  • Phone
  • Home
  • Locations
    • Where We Practice in Florida
    • Where We Practice In Illinois
  • Practices
  • Attorneys
    • David J. Abbey
    • Jeffrey M. Adams
    • Bruce D. Burk
    • Robert P. Byelick
    • Jaime Eagan
    • Jennifer J. Kennedy
    • John D. Kiernan (1947-2016)
    • V. Joseph Mueller
    • Steven A. Ochsner
    • Alexis C. Upton
  • Blog
  • Links
  • Contact Us

Archives for June 2020

June 26, 2020 by Jennifer Kennedy

Torts — Settlement agreements — Appeals — Non-final orders — Order denying defendant’s motion to enforce settlement agreement is a non-final, non-appealable order where order did not determine, as a matter of law, that settlement agreement never existed

  45 Fla. L. Weekly D1540b  Torts — Settlement agreements — Appeals — Non-final orders — Order denying defendant’s motion to enforce settlement agreement is a non-final, non-appealable order where order did not determine, as a matter of law, that settlement agreement never existed  NANCY POWELL and RALEIGH POWELL, Appellants, v. MILDREDA WOODARD, Appellee. 1st Read More »

Filed Under: Uncategorized

June 26, 2020 by Jennifer Kennedy

Insurance — Homeowners — Appraisal — Trial court erred by granting insureds’ motion to compel arbitration without holding evidentiary hearing to determine whether insureds had complied with post-loss obligation to submit sworn proof of loss that is compliant with policy requirements

  45 Fla. L. Weekly D1523a  Insurance — Homeowners — Appraisal — Trial court erred by granting insureds’ motion to compel arbitration without holding evidentiary hearing to determine whether insureds had complied with post-loss obligation to submit sworn proof of loss that is compliant with policy requirements  PEOPLE’S TRUST INSURANCE COMPANY, Appellant, v. ORLANDO ORTEGA Read More »

Filed Under: Uncategorized

June 26, 2020 by Jennifer Kennedy

Insurance — Homeowners — Appraisal — Trial court erred in determining that Preferred Contractor Endorsement subjecting scope of work disputes to appraisal is invalid because of insurer’s alleged failure to provide a statutory notice of change in policy terms — Notice of Change in Policy Terms included in policy renewal package was sufficient to provide statutory notice of change — Trial court erred in determining that insurer waived its right to appraisal because of its failure to provide statutory notice of insureds’ right to participate in mediation at the time insureds first filed a claim of loss — When attorneys for insureds signified that the means and costs of repair estimated by parties had ripened into a dispute, insurer gave timely and compliant notice to insureds of their right to participate in mediation under Department of Financial Services program

45 Fla. L. Weekly D1521b Insurance — Homeowners — Appraisal — Trial court erred in determining that Preferred Contractor Endorsement subjecting scope of work disputes to appraisal is invalid because of insurer’s alleged failure to provide a statutory notice of change in policy terms — Notice of Change in Policy Terms included in policy renewal Read More »

Filed Under: Uncategorized

June 26, 2020 by Jennifer Kennedy

Torts — Punitive damages — Error to award punitive damages where plaintiff failed to adequately allege and prove both a tort independent from acts that breached contract and non-duplicative damages grounded in tort

45 Fla. L. Weekly D1519b Torts — Punitive damages — Error to award punitive damages where plaintiff failed to adequately allege and prove both a tort independent from acts that breached contract and non-duplicative damages grounded in tort ALF J. AANONSEN, Appellant, v. MICHAEL A. SUAREZ, etc., Appellee. 3rd District. Case Nos. 3D18-2466 & 3D19-0612. Read More »

Filed Under: Uncategorized

June 26, 2020 by Jennifer Kennedy

Insurance — Uninsured/underinsured motorist — Damages — Set-off — Settlement agreements — Trial court erred by denying insurers’ motion to set off from jury verdict the amount of money which the insured received from settlement agreements with two other carriers — With regard to settlement with underinsured motorist’s liability carrier, trial court erred in finding that settlement was intended to solely satisfy insured’s wife’s consortium claim — Settlement release clearly and unambiguously stated that it was only for the insured’s benefit, did not mention insured’s wife, and release’s inclusion of parental and filial consortium claims was not related to any unpled spousal consortium claim as a matter of law — Even if insured and his wife had privately agreed to unilaterally apportion settlement among themselves, the trial court was bound to ignore such private unilateral apportionment when settlement release failed to expressly apportion the proceeds between them — Likewise, settlement agreement with insured’s third UM carrier unambiguously states that it was only for the insured’s benefit — Argument that no Florida statute expressly authorizes one UM carrier to obtain a set-off for duplicate benefits paid by another UM carrier lacks merit — Pursuant to section 627.727, benefits provided under a UM policy cannot duplicate benefits already paid to an insured under another UM policy — Because insured has not disputed that settlement with third UM carrier duplicated jury-determined UM benefits against other insurers, settlement amount must be set off from jury verdict

45 Fla. L. Weekly D1508b Insurance — Uninsured/underinsured motorist — Damages — Set-off — Settlement agreements — Trial court erred by denying insurers’ motion to set off from jury verdict the amount of money which the insured received from settlement agreements with two other carriers — With regard to settlement with underinsured motorist’s liability carrier, Read More »

Filed Under: Uncategorized

  • Go to page 1
  • Go to page 2
  • Go to page 3
  • Go to Next Page »

Primary Sidebar

Blog Archives

  • January 2021
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013

Footer

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Website or any of the e-mail links contained within the site do not create an attorney-client relationship between Abbey, Adams, Byelick & Mueller, L.L.P. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. opens in a new windowAbbey, Adams, Byelick, & Mueller XML Sitemap Index

Copyright © 2021 · Abbey Adams Byelick & Mueller, LLP · All Rights Reserved · Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982