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 »
Articles
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 »
Attorney’s fees — Proposal for settlement — Voluntary dismissal with prejudice is judgment for purposes of entitlement to attorney’s fees under section 768.79(6)
21 Fla. L. Weekly Supp. 1055a Online Reference: FLWSUPP 2110ESPI Insurance — Attorney’s fees — Proposal for settlement — Voluntary dismissal with prejudice is judgment for purposes of entitlement to attorney’s fees under section 768.79(6) — Insurer had reasonable basis for nominal proposal for settlement where plaintiff was not listed as passenger on police crash Read More »
Insured’s misrepresentations during deposition were not the type of misrepresentations contemplated by policy’s “fraud and misrepresentation” provision which would authorize insurer to void coverage under policy.
39 Fla. L. Weekly D1937a Insurance — Automobile liability — Trial court properly found that insurer was responsible for a sanctions judgment entered against insured for misrepresentations during discovery — Sanctions judgment constituted a cost charged to insured in a covered lawsuit — Insured’s misrepresentations during deposition were not the type of misrepresentations contemplated by Read More »