39 Fla. L. Weekly D1932a Attorney’s fees — Proposal for settlement — Where trial court had granted defendant’s motion for entitlement to trial court attorney’s fees and costs pursuant to proposal for settlement, appellate court granted defendant’s motion for appellate attorney’s fees and costs and remanded to trial court to fix amount, it was error Read More »
Articles
Fifth DCA, sitting en banc, determines attorney-client privilege precludes injured plaintiff from obtaining discovery from insured’s attorney in third-party bad faith action absent waiver or assignment; certifies question to Supreme Court
39 Fla. L. Weekly D1907b Insurance — Automobile liability — Bad faith — Discovery — Attorney-client privilege is applicable to discovery sought by injured party in third-party bad faith action against liability insurer where there was been no assignment from insured to injured party — Trial court departed from essential requirements of law in ordering Read More »
Homeowners’ Insurance — Insured who prevailed in action against carrier not entitled to prevailing insured fees under 627.428; carrier must wrongfully withhold benefits, requiring insured to bring suit, in order to trigger protections of 627.428
39 Fla. L. Weekly D1911a Insurance — Homeowners — Sinkhole claim — Attorney’s fees — Insured prevailing in action against insurer — Confession of judgment — Where insured filed claim for damage to home caused by sinkhole activity; insurer commissioned professional engineer whose presumptively correct report found that damage was not caused by sinkhole activity; Read More »
Offer of Judgment / Proposal for Settlement served 60 days after filing of amended complaint was premature / not enforceable for purposes of award of attorneys’ fees
39 Fla. L. Weekly D1862a Attorney’s fees — Proposal for settlement — Trial court properly denied defendant’s motion for attorney’s fees pursuant to proposal for settlement where proposal was filed prematurely less than 90 days after action had been commenced against defendant DESIGN HOME REMODELING CORP., Appellant, vs. RENE SANTANA AND MARITZA TORRES, Appellees. 3rd Read More »
Trial court should have permitted substitution of Florida Insurance Guarantee Association for insolvent insurer
39 Fla. L. Weekly D1819a Insurance — Homeowners — Insolvent insurer — Miami-Dade County Circuit Court erred in vacating order substituting Florida Insurance Guaranty Association for insolvent insurer and staying case to allow insured to proceed with any actions with Circuit Court of Leon County which had entered consent order appointing Florida Department of Financial Read More »