39 Fla. L. Weekly D2383a Insurance — Homeowners — Liability — Exclusions — Sexual molestation — Trial court properly found that policy did not cover insureds for their negligent supervision of child who was allegedly sexually battered by insureds’ child while in the care of insureds — Policy exclusion is clear and unambiguous HELEN DUENO, Read More »

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT JOHNNY THOMPSON, as Personal Representative of the ESTATE OF SCOTT THOMPSON, on behalf of the surviving parents, JOHNNY and MARIE THOMPSON, Appellant, v. ESTATE OF KENDRICK KEVIN MAURICE, CHRISTICE GUILLAUME, JACKSON JOSEPH and PATRICIA GUILLAUME, Appellees. No. 4D13-2618 [ November 12, 2014 ] Appeal Read More »

39 Fla. L. Weekly D2301a Insurance — Automobile accident — Excess liability — Coverage — Trial court erred in entering summary judgment, determining permissive user of automobile was covered under automobile owner’s umbrella policy, where an issue of material fact remains regarding whether the insured satisfies umbrella policy’s requirement that he could be “legally obligated” Read More »

39 Fla. L. Weekly D2339a Attorney’s fees — Proposal for settlement — Error to award fees to defendant pursuant to proposal for settlement for count which had been voluntarily dismissed before any determination of liability had been reached SCHERER CONSTRUCTION & ENGINEERING OF CENTRAL FLORIDA, LLC, Appellant, v. THE SCOTT PARTNERSHIP ARCHITECTURE, INC., Appellee. 5th Read More »

39 Fla. L. Weekly D2257a Insurance — Homeowners — Sinkhole claim — Breach of contract action against insurer which denied sinkhole claim after its expert determined that sinkhole was not the cause of damage to insureds’ home — Trial court erred in entering summary judgment for insurer in insureds’ breach of contract action on ground Read More »