40 Fla. L. Weekly D442a Insurance — Automobile — Rescission — Material misrepresentations on application — Identity of owner of vehicle — Trial court properly found that claimant made material mispresentations in insurance application, warranting rescission of policy, by misrepresenting that she was registered owner of vehicle — Trial court erred in failing to consider Read More »

40 Fla. L. Weekly D354c Insurance — Homeowners — Sinkhole claims — Appraisal — Florida Insurance Guaranty Association — Trial court erred in requiring FIGA to participate in appraisal process — Scope of FIGA’s liability for sinkhole loss is determined by statutory definition of “covered claim” at time insurer was adjudicated insolvent rather than definition Read More »

40 Fla. L. Weekly D368a Insurance — Exclusions — Exclusion of coverage on single-family home for losses caused by vandalism and malicious mischief, theft or attempted theft if dwelling had been vacant or unoccupied for more than thirty consecutive days excluded coverage for arson which destroyed insured home RAZIYA BOTEE, Appellant, v. SOUTHERN FIDELITY INSURANCE Read More »

40 Fla. L. Weekly S79a Torts — Negligence — Releases — Exculpatory clause — An exculpatory clause is not ambiguous and, therefore, ineffective simply because it does not contain express language releasing a defendant from liability for his or her own negligence or negligent act STACY SANISLO, et al., Petitioners, v. GIVE KIDS THE WORLD, Read More »

40 Fla. L. Weekly D310a Insurance — Homeowners — Sinkhole claim — Neutral evaluation is not a presuit requirement — Statute does not preclude filing of lawsuit during pendency of neutral evaluation process — Trial court erred in finding that insured was required to participate in and complete neutral evaluation process before filing suit and Read More »