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

28 Fla. L. Weekly Fed. C1604a Insurance — Contractors — Coverage — Construction defects — Declaratory judgment — Issue preclusion — Insurer that issued contractors policy of insurance to subcontractor appealed both the final judgment entered in favor of plaintiff homeowner and the district court’s order denying insurer’s motion in limine, which sought to bar Read More »

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45 Fla. L. Weekly D1911a Torts — Contracts — Arbitration — Contracts of minors — Release and waiver of liability containing arbitration agreement which was fraudulently executed by minor in order to enter trampoline facility is enforceable — Minor cannot use infancy defense to avoid a contract where minor procured the contract by fraud — Read More »

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45 Fla. L. Weekly D1882a Limitation of actions — Homeowners association’s action to foreclose lien for unpaid assessments — Error to enter summary judgment for defendants on basis of statute of limitations defense where statute of limitations defense was not raised in defendants’ pleadings, but was first raised in motion for summary judgment — Statute Read More »

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45 Fla. L. Weekly D1887a Insurance — Professional liability — Bad faith — Legal malpractice — Bad faith action against liability insurer consolidated with legal malpractice action against counsel retained by insurer in underlying medical malpractice case, alleging that but for counsel’s offer to arbitrate, the case against the insured would have settled for policy Read More »

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45 Fla. L. Weekly D1849a Attorney’s fees — Trial court did not abuse its discretion by awarding section 57.105 fees — Portion of award representing fees incurred for litigating amount of fees reversed THE SILVER LAW GROUP, P.A., Appellant/Cross-Appellee, v. PAUL BATES, et al., Appellees/Cross-Appellants. 3rd District. Case No. 3D19-933. L.T. Case No. 14-866-P. August Read More »

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