39 Fla. L. Weekly D2534e Insurance — Commercial general liability — Duty to defend or indemnify — Officers and directors of insured professional service organization — Insurer owed officers and directors duty of defense on third-party complaint filed by former officer alleging defamation based on statements made by third-party defendants during their systematic plan to Read More »

39 Fla. L. Weekly D2529a Insurance — Homeowners — Sinkhole claim — Appraisal — Waiver of right to appraisal — Insureds did not waive right to appraisal by failing to demand appraisal until five months after insurer admitted coverage where insureds did not aggressively litigate case after insurer admitted coverage — Filing of amended complaint Read More »

39 Fla. L. Weekly D2515a Torts — Premises liability — Trip and fall — New trial — Trial court did not abuse discretion by granting new trial after jury verdict for defendant upon finding that defendant had destroyed evidence, that defendant had violated court orders, that defendant had made willful discovery violation, and that two Read More »

39 Fla. L. Weekly D2484a Workers’ compensation — Permanent total disability — Apportionment of benefits — Aggravation of pre-existing condition — Evidence — Opinion — Judge of compensation claims erred in relying on apportionment testimony of physician where testimony was not the product of reliable principles and methods ANTHONY GIAIMO, Appellant, v. FLORIDA AUTOSPORT, INC. Read More »

39 Fla. L. Weekly D2471a Insurance — Homeowners — Sinkhole claim — Claim for breach of contract against insurer that refused to pay claim after its expert engineer determined that there was no sinkhole activity and no structural damage to property — Trial court erred in allocating the burden of proof by finding that insured Read More »