Abbey, Adams obtained summary judgment in favor of an insurance carrier in a declaratory judgment action seeking a determination that automobile liability coverage was unavailable for a wrongful death action.  The decedent was fatally injured in an automobile collision while riding as a passenger in his named insured, daughter’s leased automobile.  The decedent was a Read More »

40 Fla. L. Weekly D209a Insurance — Homeowners — Sinkhole claim — Breach of contract action by insureds against insurer for failure to pay claim for sinkhole loss — Trial court erred in entering summary judgment for insurer on ground that no payment was due under “loss payment” provision of policy, and that insureds cannot Read More »

40 Fla. L. Weekly D160a Wrongful death — Automobile accident — Intersection collision — Design and construction of intersection traffic signals — Designer’s liability — Under Slavin doctrine, liability of contractor is cut off after owner has accepted the work performed, if the alleged defect is a patent defect which the owner could have discovered Read More »

40 Fla. L. Weekly D166a Torts — Premises liability — Slip and fall — Discovery — Social media — Photographs from social networking sites such as Facebook — Trial court did not depart from essential requirements of law by entering order compelling discovery of photographs of plaintiff from plaintiff’s social networking account for period commencing Read More »

40 Fla. L. Weekly D123a Insurance — Homeowners — Sinkhole claim — Florida Insurance Guaranty Association — Trial court erred in applying the statutory definition of “covered claim” in effect when insurance policy was issued to determine scope of FIGA’s liability instead of the more restrictive definition in effect when the insurer was adjudicated insolvent, Read More »