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 »
Articles
Insurance – Sinkhole Claim – Appraisal – FIGA – Certified Questions to Florida Supreme Court
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 »
Attorney’s fees — Charging Lien — Declaratory Judgment Action Improperly Sought an Advisory Opinion
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 »
Insurance – PIP – Error to Grant Summary Judgment Based on Failure to Attend IME
Online Reference: FLWSUPP 2206CRUZ Insurance — Personal injury protection — Independent medical examination — Failure to attend — Error to enter summary judgment in favor of insurer based on IME no-show defense where there is disputed evidence as to whether insured received and was able to understand IME notices MARGATE PHYSICIANS ASSOCIATES, INC., a/a/o Read More »
Insurance – PIP – Disclosure and Acknowledgment Form is Not a Condition Precedent to Payment of PIP Benefits
Online Reference: FLWSUPP 2206SCHO Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Trial court erred in entering summary judgment in favor of insurer on D&A form defense — Submission of form is not condition precedent to payment of PIP benefits — Exhaustion of policy limits — Insurer’s reliance Read More »