46 Fla. L. Weekly D793a DECA MANUFACTURING CORPORATION and SOUTHERN OWNERS INSURANCE CO./AUTO-OWNERS INSURANCE CO., Appellants, v. FAYE O. BECKETT, Appellee. 1st District. Case No. 1D19-3441. April 8, 2021. On appeal from an order of the Judge of Compensation Claims. Stephen L. Rosen, Judge. Date of Accident: February 24, 1990. Counsel: Therese A. Savona of Read More »
Articles
Evidence — Rule of completeness — Appeals — Claim that trial court erred by not requiring state to present full video of car chase pursuant to rule of completeness was not preserved for appeal where defendant failed to proffer the omitted portion of the video after defendant was invited to do so by trial court
46 Fla. L. Weekly D798a JERRY FRANKLIN MIMS, Appellant, v. STATE OF FLORIDA, Appellee. 1st District. Case No. 1D20-1673. April 8, 2021. On appeal from the Circuit Court in Nassau County. James Daniel, Judge. Counsel: Jessica J. Yeary, Public Defender, and Maria Ines Suber, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Read More »
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
46 Fla. L. Weekly D787a PEOPLE’S TRUST INSURANCE COMPANY, Appellant, v. VINCENT FARINATO and BERNADETTE FARINATO, Appellees. 4th District. Case No. 4D20-866. April 7, 2021. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey R. Levenson, Judge; L.T. Case No. CACE18-24427(09). Counsel: Joshua S. Beck of Beck Law, P.A., Boca Raton, Read More »
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
46 Fla. L. Weekly D778a SIERRA AUTO CENTER, INC., et al., Appellants, v. GRANADA INSURANCE COMPANY, et al., Appellees. 3rd District. Case No. 3D19-2388. L.T. Case No. 18-17283. April 7, 2021. An Appeal from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Jr., Judge. Counsel: Wolfson Law Firm, LLP, and Jonah M. Wolfson, for Read More »
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
46 Fla. L. Weekly D760h WEBB ROOFING & CONSTRUCTION, LLC, a/a/o JOHN LEFEVRE and LISA LEFEVRE, Appellant, v. FEDNAT INSURANCE COMPANY, Appellee. 2nd District. Case No. 2D20-1881. April 7, 2021. Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for Collier County; Hugh D. Hayes, Judge. Counsel: Alex Finch of Fromang & Read More »