40 Fla. L. Weekly D2656eTop of Form Insurance — Medical malpractice liability — Bad faith — Insurer’s timely tender of its policy limits barred an action against insurer for bad faith failure to pay its policy limits, but did not bar action alleging that insurer acted in bad faith in making an offer to arbitrate Read More »

Online Reference: FLWSUPP 2305DTORTop of Form Insurance — Personal injury protection — Discovery — Medical provider — Trade secrets — Insurer is entitled to discover reimbursement rates accepted by medical provider as reimbursement from other insurance carriers and identity of those carriers — Although trial court reached implicit conclusion that information sought was not protected Read More »

40 Fla. L. Weekly D2654aTop of Form Torts — Automobile accident — Evidence — Trial court abused discretion in excluding testimony of expert biomedical engineer where proffered testimony was relevant to disputed issues concerning velocity and directional forces involved in accident, and thus, to issue of causation JOHN LEE TAYLOR, Appellant, v. SEKETA CULVER, Appellee. Read More »

40 Fla. L. Weekly D2649cTop of Form Torts — Automobile accident — Dismissal — Fraud on court — In dismissing case and entering judgment in favor of defendants, trial court did not reweigh evidence or substitute its own findings for those of the magistrate, but instead correctly determined that magistrate’s findings of fact regarding plaintiff’s Read More »

40 Fla. L. Weekly D2636aTop of Form Torts — Automobile accident — Damages — Past and future medical expenses — Additur — Error to grant plaintiff’s motion for additur without including in order an explanation why additur was warranted or providing option for new trial in lieu of additur — Moreover, additur was not appropriate Read More »