39 Fla. L. Weekly D2010a Workers’ compensation — Firefighters — Compensable accidents — No error in finding firefighter’s coronary artery disease and hypertension compensable or in awarding authorization to treat these conditions — “Disability” was established by medical evidence that claimant was restricted from working because of his need for heart catheterization and that the Read More »
Articles
Homeowners Insurance — Severability — Intentional acts exclusion did not bar coverage for negligent supervision of insured’s son who committed intentional tort
39 Fla. L. Weekly D2016c Insurance — Homeowners — Liability — Trial court erred in finding that homeowners policy did not provide personal liability coverage for claim of negligent supervision for underlying intentional tort of battery committed by insureds’ son — Intentional act exclusion and severability clause, which stated that the insurance applied separately to Read More »
Bad Faith — Uninsured Motorist — Effect of jury determination of liability and damages in the UM case upon damages in bad faith case
39 Fla. L. Weekly D1988a Insurance — Uninsured motorist — Bad faith — Jury’s determination of damages in first trial, which also established liability of tortfeasor, was binding on insurance company in bad faith trial — Circuit court did not err by treating excess verdict from UM trial as conclusive evidence of plaintiff’s damages in Read More »
Homeowners Insurance — Sinkhole loss — Appraisal of dispute over method of repair — waiver of right to appraisal
39 Fla. L. Weekly D2020a Insurance — Homeowners — Sinkhole claim — Appraisal — Trial court did not err in ordering appraisal of dispute over method of repair — Method or extent of necessary repairs is within scope of “amount of loss” appraisal provision — Insureds did not waive right to demand appraisal by participating Read More »
Workers’ compensation — Torts — Immunity — Section 440.11, which provides that the Workers’ Compensation Act is the exclusive remedy available to injured workers, their spouses, children and their estates for injuries or death on the job, does not provide a reasonable alternative to the tort remedy it supplanted — Statute is unlawful, invalid, and unconstitutional
21 Fla. L. Weekly Supp. 1037a Online Reference: FLWSUPP 2110FLOR Workers’ compensation — Torts — Immunity — Section 440.11, which provides that the Workers’ Compensation Act is the exclusive remedy available to injured workers, their spouses, children and their estates for injuries or death on the job, does not provide a reasonable alternative to the Read More »