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

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Archives for November 2020

November 13, 2020 by Jennifer Kennedy

Appeals — Insurance — Order requiring insurer to pay insured specific sum for fire damage to his building within 10 days of date of order, while leaving unresolved other, factually related claims, including one for fire damage to personal property, did not complete judicial labor in trial court on factually related matters and was not appealable as a partial final judgment — Because order requires party to pay but allows no avenue to appeal, order is subject to certiorari review — Accordingly, initial brief treated as petition for writ of certiorari, and insured directed to file response within 20 days

45 Fla. L. Weekly D2483a PEOPLE’S TRUST INSURANCE COMPANY, Appellant, v. ENRIQUE GONZALEZ, Appellee. 3rd District. Case No. 3D20-923. L.T. Case No. 19-7413. November 4, 2020. An Appeal from non-final orders from the Circuit Court for Miami-Dade County, Beatrice Butchko, Judge. Counsel: Cole Scott & Kissane, P.A., and David C. Borucke (Tampa), for appellant. Marin, Read More »

Filed Under: Uncategorized

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  • 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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