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 »
Articles
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 »
Bad Faith – Discovery – Premature Action
40 Fla. L. Weekly D574a Insurance — Bad faith — Discovery — Premature action — Appeals — Certiorari — Nonfinal order denying motion to dismiss premature bad faith action is not subject to interlocutory review — Petition for certiorari review dismissed without prejudice to defendants’ moving to abate bad faith action — Discovery — Petition Read More »
Federal Court – Sinkhole claim – Structural damage
25 Fla. L. Weekly Fed. C949a Insurance — Homeowners — Sinkhole claims — Coverage — Structural damage caused by sinkhole activity — District court erred in finding that “structural damage,” which was not defined by policy, meant any “damage to the structure” and in awarding damages to insureds — “Structural damage to the building” construed Read More »
