45 Fla. L. Weekly D2399a DOMINO’S PIZZA, LLC, Appellant, v. YVONNE WIEDERHOLD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RICHARD E. WIEDERHOLD, DECEASED, Appellee. 5th District. Case No. 5D19-2343. October 23, 2020. Appeal from the Circuit Court for Orange County, Renee A. Roche, Judge. Counsel: Dinah S. Stein and Mark Hicks, of Hicks, Porter, Ebenfeld Read More »
Archives for October 2020
Insurance — Homeowners — Post-loss obligations — Proof of loss — Trial court erred in granting summary judgment in favor of insurer on ground that insureds failed to submit compliant sworn proof of loss where disputed issue of fact existed as to whether insureds substantially complied with their post-loss obligations once insurer acknowledged coverage or whether they totally failed to comply
45 Fla. L. Weekly D2391a WALTER GONZALEZ and YASMIN GONZALEZ, Appellants, v. PEOPLE’S TRUST INSURANCE COMPANY, Appellee. 3rd District. Case No. 3D19-646. L.T. Case No. 18-7894. October 21, 2020. An Appeal from the Circuit Court for Miami-Dade County, Mavel Ruiz, Judge. Counsel: Mintz Truppman, P.A., and Timothy H. Crutchfield, for appellants. Cole, Scott & Kissane, Read More »
Insurance — Bad faith — Conditions precedent — Civil remedy notice — Notice filed against incorrect entity — Waiver — Trial court erred in dismissing insured’s complaint for bad faith with prejudice based on finding that insured’s civil remedy notice was ineffective as a matter of law because insurer was misidentified — Although trial court was correct in finding that the misidentification failed to strictly comply with section 624.155(3), insurer had waived the argument by not raising the misidentification in its response to the civil remedy notice
45 Fla. L. Weekly D2380a CARLA BAY, Appellant, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Appellee. 4th District. Case No. 4D19-3332. October 21, 2020. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael A. Robinson, Judge; L.T. Case No. CACE18-023962. Counsel: George A. Vaka and Nancy A. Lauten of Vaka Law Group, Tampa, Read More »
Evidence — No error in trial court’s exclusion of insurance adjuster’s report — Report was protected work product, and plaintiff failed to establish applicable exception to prohibition against use of such materials at trial — No error in determination that work product privilege was not waived — No abuse of discretion in denying plaintiff’s request to be recalled to witness stand as a rebuttal witness — Damages — Setoff — Collateral source — Error to include in amount of collateral source set-off a bill paid by plaintiff
45 Fla. L. Weekly D2390b CLIFFORD JASON GREGORY, Appellant, v. KEY WEST WELDING AND FABRICATIONS, INC., et al., Appellees. 3rd District. Case No. 3D18-2419. L.T. Case No. 06-390-K. October 21, 2020. An Appeal from the Circuit Court for Monroe County, Timothy J. Koenig, Judge. Counsel: Hugh Morgan; W. Sam Holland; Wasson & Associates, Chartered, and Read More »
Insurance — Automobile — Bad faith — Failure to settle — Notice of suit — Trustee of insured’s bankruptcy estate brought action against automobile insurer alleging bad faith or negligent failure to settle underlying negligence suit that insurer neither knew about nor participated in, as the attorney for injured party did not notify insurer about the suit and insured driver assumed insurer was handling the case — Questions certified to Supreme Court of Georgia: When an insurer has no notice of a lawsuit against its insured, does O.C.G.A. § 33-7-15 and a virtually identical insuring provision relieve the insurer of liability from a follow-on suit for bad faith? If the notice provisions do not bar liability for a bad-faith claim, can an insured sue the insurer for bad faith when, after the insurer refused to settle but before judgment was entered against the insured, the insured lost coverage for failure to comply with a notice provision? Does a party have the right to contest actual damages in a follow-on suit for bad faith if that party had no prior notice of or participation in the original suit?
28 Fla. L. Weekly Fed. C1928b FIFE M. WHITESIDE, Plaintiff-Appellee, v. GEICO INDEMNITY COMPANY, Defendant-Appellant. 11th Circuit. Case No. 18-15074. September 28, 2020. Appeal from the U.S. District Court for the Middle District of Georgia (No. 4:16-cv-00313-CDL). (Before WILSON and GRANT, Circuit Judges, and MARTINEZ,* District Judge.) (GRANT, Circuit Judge.) In this bad-faith suit, GEICO Read More »