39 Fla. L. Weekly D2054b Attorney’s fees — Claim or defense not supported by material facts or applicable law — Trial court did not abuse discretion by denying defendant’s motion for attorney’s fees pursuant to section 57.105, Florida Statutes, where claim was not entirely devoid of merit — Costs — It was error to deny Read More »
Articles
Workers’ Compensation immunity — employee’s right to bring action against entity which provided work comp benefits
39 Fla. L. Weekly D2049a Torts — Workers’ compensation immunity — Trial court erred in finding that contractor was estopped from asserting workers compensation immunity to bar an action by the employee of a sub-subcontractor because defendant contractor failed to notify its workers’ compensation carrier of plaintiff’s injury — Defendant contractor was not liable for Read More »
Circuit Court Appellate Decision — Error to preclude insurance carrier from deposing medical provider regarding reasonableness of charges — Scope of discovery
21 Fla. L. Weekly Supp. 992a Online Reference: FLWSUPP 2110OLIV Insurance — Discovery — Depositions — Error to prohibit insurer from deposing medical provider regarding reasonableness of charges UNITED AUTOMOBILE INSURANCE COMPANY, Petitioner, v. CORAL GABLES CHIROPRACTIC, PLLC, a/a/o Ricardo Olivera, Respondent. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. Read More »
Workers’ Compensation — Compensable accidents / conditions
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 »
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 »
