40 Fla. L. Weekly D2279aTop of Form Torts — Negligence — Releases — Exculpatory clause — Post-claim release — Waiver of liability signed by participant in paintball tournament on day tournament began clearly focused the signatory on paintball competition, not vendor area, and did not unambiguously release property owner from liability for injury sustained by Read More »

40 Fla. L. Weekly D2276aTop of Form Insurance — Automobile liability — Costs — Trial court did not err in adjudicating insurer jointly and severally liable with its insured for plaintiff’s taxable litigation costs — Insurer’s claim that cost judgment was defective because it did not contain sufficient findings to support court’s joinder of insurer Read More »

40 Fla. L. Weekly S553aop of Form Insurance — Uninsured motorist — Evidence — Collateral source benefits — Evidence of future Medicare benefits is not admissible — Court recedes from decision in Physician’s Insurance Reciprocal v. Stanley to the extent that it supported the admission of social legislation benefits as an exception to the evidentiary Read More »

25 Fla. L. Weekly Fed. D221aTop of Form Insurance — Uninsured motorist — Coverage — Denial — Bad faith — Declaratory judgment — Plaintiffs as personal representatives for estate of deceased insured filed complaint against insurer alleging claim for bad faith and seeking declaratory judgment to determine liability and damages — District court, in exercising Read More »

40 Fla. L. Weekly D2276aTop of Form Insurance — Automobile liability — Costs — Trial court did not err in adjudicating insurer jointly and severally liable with its insured for plaintiff’s taxable litigation costs — Insurer’s claim that cost judgment was defective because it did not contain sufficient findings to support court’s joinder of insurer Read More »