40 Fla. L. Weekly D693b Insurance — Personal injury protection — Coverage — Policy language, which stated that reimbursements “shall” be subject to the limitations in section 627.736, including “all fee schedules,” was sufficient to give notice of insurer’s election to limit reimbursements by use of Medicare fee schedules   ALLSTATE FIRE AND CASUALTY INSURANCE, Read More »

40 Fla. L. Weekly D669a Torts — Product liability — Bicycle — Negligent failure to warn — Proximate cause — Injuries suffered when an object got caught in the front wheel of plaintiff’s bicycle, causing the wheel to suddenly stop when the object hit the front carbon fiber forks of the bicycle, resulting in plaintiff Read More »

40 Fla. L. Weekly D668b Civil procedure — Discovery — Financial documents of non-party — Trial court does not necessarily depart from essential requirements of law by failing to conduct either an evidentiary hearing or an in camera review before ordering production of non-party’s financial documents — When a non-party objects to production of allegedly Read More »

40 Fla. L. Weekly D661a Insurance — Homeowners — Sinkhole claim — Appraisal — Florida Insurance Guaranty Association — Trial court erred in entering order compelling appraisal — Method of repair is appropriate for resolution under policy’s appraisal process — Homeowners waived right to appraisal by engaging in litigation activities for an extended period before Read More »

40 Fla. L. Weekly D625a Attorney’s fees — Charging lien — Declaratory action seeking to have declared invalid and unenforceable a charging lien filed in ongoing action by attorneys who had been discharged and replaced by other counsel — Declaratory action seeks nothing more than an advisory opinion, because unless and until former clients obtain Read More »