40 Fla. L. Weekly D619b Attorney’s fees — Offer of settlement — Offer was not rendered ambiguous and invalid because of defendant’s failure to attach proposed release to offer where offer names parties who will execute release and precisely identifies the claims which will be released — Trial court erred in denying defendant’s motion for Read More »
Articles
UM – Attorneys’ Fees – Proposal for Settlement Ambiguous
40 Fla. L. Weekly D617a Insurance — Uninsured motorist — Attorney’s fees — Proposal for settlement — Trial court improperly awarded attorney’s fees and costs, pursuant to rejected proposal for settlement, where the proposal was patently ambiguous, spelling out “one hundred thousand dollars” in words but referring to $50,000 in numerals GOVERNMENT EMPLOYEES INSURANCE Read More »
Automobile Accident – Vicarious Liability – Independent Contractor Transporting Cargo
40 Fla. L. Weekly D601a Torts — Automobile accident — Vicarious liability — Action against defendant company for which independent contractor was transporting cargo with a semi-truck and trailer owned by third parties when it was involved in accident with plaintiffs’ vehicle — Trial court erred in directing verdict for plaintiffs on issue of defendant’s Read More »
Insurance – Homeowners – Windstorm Damage Mitigation
40 Fla. L. Weekly D610a Insurance — Homeowners — Windstorm damage mitigation — Class action declaratory judgment action alleging that insured plaintiffs had submitted uniform mitigation verification forms to insurer, that insurer accepted forms without conducting separate inspections of properties and routinely provided premium credits based on loss mitigation features, and that insurer began reinspecting Read More »
Attorneys’ Fees – Offer of Settlement – Ambiguous Whether Offer Included Potential UM and Health Insurance Claims
40 Fla. L. Weekly D603a Torts — Attorney’s fees — Offer of settlement — Error to award attorney’s fees to plaintiff on basis of offer of settlement where offer was ambiguous as to whether it would preclude plaintiff’s potential uninsured motorist and health insurance claims CHRISTINE VOGAN, Appellant, v. LIANE F. CRUZ, Appellee. 5th Read More »