39 Fla. L. Weekly D487a Insurance — Attorney’s fees — Trial court properly denied attorney’s fees and costs where insurer did not wrongfully cause insureds to resort to litigation ANA VIVAS, et al., Appellants, vs. STATE FARM FLORIDA INSURANCE COMPANY, Appellee. 3rd District. Case No. 3D13-465. L.T. Case No. 12-4350. Opinion filed March 5, 2014. Read More »
Articles
Liability Seminar — “The Florida Casualty Claim: Accident to Appeal”
THE FLORIDA CASUALTY CLAIM: ACCIDENT TO APPEAL Presented by David Abbey, Marty Deptula, and Allison Mawhinney I. INTRODUCTION: David J. Abbey, Esquire A. FOCUS OF PROGRAM: 1. Claims, Activities, and Practice Helpful or Damaging 2. Attorney Activities: What, How, and Why 3. Ethical Parameters for Claims Personnel and Lawyers B. Read More »
Personal Injury Claims and Workers’ Compensation Liens: The Fly in the Ointment
PERSONAL INJURY CLAIMS AND WORKERS’ COMPENSATION LIENS: THE FLY IN THE OINTMENT By Robert P. Byelick, Esq. & Allison G. Mawhinney, Esquire Published in March 2014 Edition of Paraclete For injury litigation professionals, a workers’ compensation lien might be viewed as complicating factor to the resolution of your case. As Read More »
Fourth DCA certifies conflict with Third DCA on question of whether Florida’s “Transitory Foreign Substance” statute should apply retroactively, thereby requiring plaintiff to establish knowledge of dangerous condition
39 Fla. L. Weekly D446a Torts — Premises liability — Slip and fall — Transitory foreign substance on floor — Action against shopping mall and cleaning and maintenance service hired by mall for injuries sustained when plaintiff slipped and fell on clear, slippery substance on floor as she was shopping — No error in holding Read More »
Error to enforce settlement agreement after plaintiff violated related confidentiality agreement
39 Fla. L. Weekly D457a Contracts — Settlement agreement — Enforcement — Agreement settling age discrimination and retaliation action against school by plaintiff whose contract as school’s headmaster was not renewed — Where settlement agreement contained confidentiality provision which prohibited plaintiff or his wife from disclosing agreement to anyone other than plaintiff’s attorneys or other Read More »