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Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982

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Articles

March 7, 2014 by Tom

Out-of-state defendants not seeking affirmative relief from court cannot be compelled to travel to Florida for deposition absent extraordinary circumstances

39 Fla. L. Weekly D445a Civil procedure — Discovery — Depositions — Non-residents — Trial court should not have entered order compelling non-resident defendants to travel to Florida for depositions where defendants were not seeking affirmative relief and plaintiffs failed to demonstrate existence of extraordinary circumstances which would require defendants’ appearance in Florida for deposition Read More »

Filed Under: Uncategorized

March 7, 2014 by Tom

Payment of property damage benefits following filing of lawsuit by insured tantamount to a confession of judgment entitling insured to attorney’s fees under 627.428

39 Fla. L. Weekly D455b Insurance — Automobile — Attorney’s fees — Where, after insured had filed breach of contract complaint against insurer for failure to pay automobile theft claim, insurer made payment to lienholder of automobile, insurer’s payment to lienholder was the functional equivalent of a confession of judgment, and trial court erred in Read More »

Filed Under: Uncategorized

February 27, 2014 by Tom

Trial Court Order — Ambiguity of Release Can Defeat Enforcement of Offer of Judgment

21 Fla. L. Weekly Supp. 241a Attorney’s fees — Proposal for settlement — Ambiguity — Where releases in proposals for settlement are ambiguous as to whether they would extinguish only claims against offeror or if they would also reach claims against all other persons, including other named defendant, proposals are invalid — No merit to Read More »

Filed Under: Uncategorized

February 27, 2014 by Tom

Liability of parents for criminal acts of adult son

39 Fla. L. Weekly D391a Wrongful death — Torts — Shooting — Liability for criminal acts of third party — Foreseeability — Action arising out of incident in which defendants’ 35-year-old son shot and killed family members at Thanksgiving gathering to which defendants had invited son without informing hosts or other family members, although defendants Read More »

Filed Under: Uncategorized

February 27, 2014 by Tom

Bad Faith — Review of order denying motion for judgment in accordance with confession of judgment

39 Fla. L. Weekly D425c Insurance — Uninsured motorist — Bad faith — Insurer is not entitled to writ of certiorari with regard to trial court’s order denying insurer’s motion requesting court to enter final judgment in accordance with insurer’s confession of judgment and granting insured’s motion to amend complaint seeking underinsured motorist benefits to Read More »

Filed Under: Uncategorized

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Recent Posts

  • Insurance — Homeowners — Windstorm loss — Notice of loss — Timeliness — Prejudice to insurer — No error in entering summary judgment in favor of insurer based on determination that insured failed to overcome presumption that insurer was prejudiced by his failure to timely report claim for hurricane damage — Insured failed to act with reasonable dispatch and within a reasonable time where insured waited two years and seven months to report claim of hurricane damage to his roof — Conclusory affidavits submitted by insured in opposition to summary judgment were insufficient to rebut presumption of prejudice where passage of time rendered insurer unable to determine what current damage was directly attributable to the storm — Court rejects argument that policy was ambiguous because it contained a clause imposing a blanket bar on any hurricane-related claim beyond three-year window and a second clause requiring insured to provide prompt notice of any claim — Clauses, when read together, require an insured to file any hurricane-related claim within three years of the storm, and to act swiftly upon discovering damages
  • Insurance — Uninsured motorist — Bad faith — Complaint — Amendment — Addition of claim for punitive damages — Action alleging that insurer violated law by issuing policies without a written rejection form and by accepting verbal rejections of UM coverage — Error to grant insured’s motion for leave to add punitive damages claim where insured failed to provide reasonable basis to find that insurer’s acts occurred with such frequency as to indicate a general business practice, and were willful, wanton, and malicious and in reckless disregard for insured’s rights
  • Consumer law — Deceptive and Unfair Trade Practices — Proposal for settlement — Attorney’s fees — Costs — Prevailing party — Where partial summary judgment as to liability was granted in favor of plaintiff, but jury awarded no damages, it was not an abuse of discretion for trial court to deny defendant’s request for attorney’s fees as a prevailing party on Florida Deceptive and Unfair Trade Practices Act claim — No error in denying fees and costs under proposals for settlement presented to trial court — None of the proposals proffered satisfied strict requirements of section 768.79 and rule 1.442 where proposals required plaintiff to execute a release but failed to describe release with sufficient detail, contained ambiguity as to punitive damages, and required payment from date of settlement without defining such date — Error to deny request for costs under section 57.041 — A zero judgment constitutes a judgment in favor of the defendant for purposes of recovery of costs under the statute
  • Torts — Premises liability — Slip and fall — Discovery — Relevance — Appeals — Certiorari — Order requiring defendant’s corporate representative to address areas of inquiry related to defendant’s corporate-wide operations is quashed — Allowing corporate-wide discovery amounted to carte blanche discovery that results in irreparable harm and departs from essential requirements of the law — Information is not discoverable based on its relevance to show negligent mode of operation because, under section 768.0755, negligent mode of operation is not a viable theory of recovery in slip-and-fall cases
  • Insurance — Uninsured motorist — Bad faith — Complaint — Amendment — Addition of claim for punitive damages — Action alleging that insurer violated law by issuing policies without a written rejection form and by accepting verbal rejections of UM coverage — Error to grant insured’s motion for leave to add punitive damages claim where insured failed to provide reasonable basis to find that insurer’s acts occurred with such frequency as to indicate a general business practice, and were willful, wanton, and malicious and in reckless disregard for insured’s rights

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