40 Fla. L. Weekly D14b Insurance — Homeowners — Sinkhole claims — Policy at issue clearly and unambiguously excluded coverage for sinkhole loss — Fact that policy contains a provision describing the neutral evaluation process in the event of a sinkhole loss cannot reasonably be read as creating coverage for a loss that is unambiguously Read More »
Articles
Fourth DCA determines Offer of Judgment / Proposal for Settlement issued by multiple offerors to one offerree is enforceable
40 Fla. L. Weekly D23a Torts — Medical malpractice — Attorney’s fees — Proposal for settlement — Joint proposal — All or nothing proposal made by multiple offerors to a single offeree is an acceptable proposal for settlement — Cover letter sent to defendant notifying defendant of the enclosed proposal of settlement was not itself Read More »
Punitive Damages for shop owner’s sale of alcohol to minor involved in automobile accident — pleading and proof of conduct warranting claim for punitive damages —
40 Fla. L. Weekly D31a Wrongful death — Action against defendants who sold alcoholic beverages to underage person who was involved, while intoxicated, in automobile accident that killed decedent — Error to enter summary judgment for defendants on basis that sale of alcoholic beverages to underage person was not willful, where there was factual issue Read More »
First DCA reverses award of costs / fees pursuant to Offer of Judgment — proposal directed to one defendant but required payment from another defendant
40 Fla. L. Weekly D41a Torts — Attorney’s fees — Proposal for settlement — Proposal addressed to one defendant which stated that plaintiff would dismiss action against both defendants after second defendant or his agents tenders the proposed settlement amount was invalid — Proposal deprived defendant to whom proposal was addressed of the ability to Read More »
Homeowners’ Insurance — Sinkhole Claim — Right to appraisal / waiver
39 Fla. L. Weekly D2575a Insurance — Homeowners — Sinkhole claim — Appraisal — There is no merit to insurer’s contention that trial court should not have ordered appraisal because the only dispute between parties was about the method of repair rather than the amount of loss — Insureds did not waive appraisal by engaging Read More »