46 Fla. L. Weekly D1588a JESUS G. JOUBERT RODRIGUEZ, etc., et al., Appellants, v. CENTRAL FLORIDA EQUIPMENT RENTALS, INC., Appellee. 3rd District. Case No. 3D20-0866. L.T. Case No. 11-23514. July 7, 2021. An Appeal from the Circuit Court for Miami-Dade County, Alan Fine, Judge. Counsel: Deehl PLLC and David L. Deehl; Kula & Associates, P.A., Read More »
Articles
Insurance — Homeowners — Appraisal — Audio/video recording — Trial court erred in applying section 934.03 to preclude insured from making audio/video record of inspection of insured’s home by insurer’s appraiser absent consent of all participants — For an oral conversation to be protected under the statute, the speaker must have an actual subjective expectation of privacy, along with societal recognition that the expectation is reasonable — Nothing in policy precluded audio/video recording of appraisal inspection, and insurer’s appraiser has no legitimate expectation of privacy while in insured’s home for inspection
46 Fla. L. Weekly D1592 HEATHER SILVERSMITH, Appellant, v. STATE FARM INSURANCE COMPANY, Appellee. 4th District. Case No. 4D20-2685. July 7, 2021. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John B. Bowman, Judge; L.T. Case No. CACE19-026047. Counsel: Samuel Alexander of Alexander Appellate Law P.A., DeLand, for appellant. Ubaldo J. Read More »
Torts — Defamation — Libel per se — Social media post — Venue — Accrual of action — Action arising from allegedly libelous public Facebook post — No error in denying defendant’s motion to transfer venue from county where post was received and read by a third party to the county where the post originated — A Facebook post cannot be libelous until it is published and accessed; a posting placed on a public Facebook page is instantaneously accessible throughout Florida, and plaintiff’s complaint sufficiently avers that the post at issue was accessed in her chosen venue
46 Fla. L. Weekly D1337b JAMES CULLEN LOWERY, III, Appellant, v. SHANE MCBEE, Appellee. 4th District. Case No. 4D20-1986. June 9, 2021. Appeal of nonfinal order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jaimie R. Goodman, Judge; L.T. Case No. 50-2020-CA-005951-XXXX-MB. Counsel: Barry Carothers of BC Law, Stuart, for appellant. Read More »
Insurance — Homeowners — Hurricane or windstorm loss — Coverage — Concealment or fraud — Post-loss misrepresentations — No error in denying insurer’s motion for directed verdict arguing that coverage was voided because insureds provided a sworn proof of loss based on an inflated estimate to repair the roof where there was conflicting evidence on issues of intent and materiality — Although insurer failed to plead with specificity that insureds violated “Concealment or Fraud” provision of policy by submitting sworn proof loss based on material misrepresentation, the issue was tried by consent — “Concealment or Fraud” provision is ambiguous and must be read in light most favorable to insureds — For post-loss conduct, the policy is read as requiring proof of knowing or intentional fraudulent conduct by the insureds to trigger application of “Concealment or Fraud” provision to void the policy — Mere overvaluation is not, in the absence of fraud, such a misrepresentation as will void the policy — Discussion of U.S. Fire Insurance Co. v. Dickerson, Universal Property & Casualty Insurance Co. v. Johnson, and Mezadieu v. Safepoint Insurance Co. — A reasonable jury could have concluded that the insureds did not make any material false statements in connection with the sworn proof of loss — While a statement as to value is ordinarily material, a reasonable jury could have concluded that the high initial roofing estimate was not material because it was not likely to affect the conduct or investigation of a reasonable insurer in insurer’s position
46 Fla. L. Weekly D1267a ANCHOR PROPERTY AND CASUALTY INSURANCE COMPANY, Appellant, v. ALEX TRIF and GEORGE TRIF, Appellees. 4th District. Case No. 4D20-814. June 2, 2021. Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; G. Joseph Curley, Jr., Judge; L.T. Case No. 50-2018-CA-00820-XXXX-MB. Counsel: Patrick M. Chidnese and Jessica Read More »
Insurance — Homeowners — Water damage — Coverage — Act of nature — No error in entering summary judgment order limiting insurer’s liability for water damage resulting from rust or other corrosion of cast iron pipes under the home based on water damage exclusion endorsement which excluded coverage for water damage caused by any act of nature — Discussion of the phrase “act of nature” — Rust and corrosion fit within the definition of “act of nature” — The phrase “act of nature” does not require an uncontrollable or unpreventable event
46 Fla. L. Weekly D1286a GENE DODGE and KATHLEEN DODGE, Appellants, v. PEOPLE’S TRUST INSURANCE COMPANY, Appellee. 4th District. Case No. 4D20-1199. June 2, 2021. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Nicholas R. Lopane, Judge; L.T. Case No. CACE-18-017062. Counsel: Mark A. Nation of The Nation Law Firm, LLP, Read More »