40 Fla. L. Weekly D862a Insurance — Homeowners — Insurable interest — Trial court erred in dismissing breach of contract action against insurer by insured’s assignee on ground that assignee did not have an insurable interest in the insured home at the time of loss — A post-loss assignee is not required to have an Read More »
Articles
Attorneys’ Fees – Proposal for Settlement – Joint Offer by Two Defendants Invalid Because it Did Not Apportion the Amount Attributable to Each Offeror
40 Fla. L. Weekly S201a Torts — Negligent hiring and retention — Attorney’s fees — Proposal for settlement — Joint proposal for settlement by two defendants was invalid where it did not apportion the amount attributable to each offeror — It was error to award attorney’s fees to defendant pursuant to offer of judgment statute Read More »
Attorney’s fees — Contracts — Prevailing Party – No Fees Where Party Failed to Request Fees When Answering Counterclaim
40 Fla. L. Weekly D818a Attorney’s fees — Contracts — Prevailing party — In multiple-claim case, trial court abused its discretion in denying fees to prevailing party, restaurant buyers, on seller’s breach of contract claim where buyers did not prevail in fraudulent inducement counterclaim, reasoning incorrectly that “neither party prevailed” — Even though sellers prevailed Read More »
Attorney’s fees — Proposal for Settlement – Invalid Because it Did Not Apportion the Amount Between Plaintiffs
40 Fla. L. Weekly S199a Torts — Automobile accident — Attorney’s fees — Proposal for settlement — Proposal for settlement by one plaintiff which would resolve loss of consortium claim of offering plaintiff’s husband in addition to claim of offering plaintiff was a joint proposal, and was invalid because it did not apportion the amount Read More »
Insurance — Commercial general liability — Coverage — Products-completed operations — Duty to defend
25 Fla. L. Weekly Fed. C1068a Insurance — Commercial general liability — Coverage — Products-completed operations — Duty to defend — District court did not err in finding that insurer had a duty to defend insured homebuilder in underlying state court suit brought by homeowners against homebuilder arising from defects in construction of their house, Read More »
