39 Fla. L. Weekly D1604b Torts — Summary judgment — Trial court erred in effectively granting defendant’s motion for summary judgment under the guise of a motion in limine — Motion in limine was used to grant summary judgment without affording plaintiff required notice — Hearing on motion in limine may not serve as a Read More »
Articles
UM Policy — Breach of policy obligation to appear for post-suit IME — finding of material breach or prejudice required to support forfeiture of coverage
39 Fla. L. Weekly D1575b Insurance — Uninsured motorist — Compulsory medical examination — Failure to attend — Error to enter summary judgment in favor of insurer after insured failed to appear for medical examination without finding of material breach by insured or finding of prejudice to insurer because of insured’s noncompliance with a policy Read More »
Trial Court Opinion: Illusory insurance coverage; Garage policy which provided coverage for various risks not rendered illusory by exclusion for theft from unprotected lot despite carrier’s knowledge lot was unprotected at the time policy was issued
21 Fla. L. Weekly Supp. 734a Online Reference: FLWSUPP 2108SHUT Insurance — Garage policy — Illusory policy — Exclusion of coverage for theft of vehicles from unprotected lot did not render illusory a garage policy for used auto sales lot that insurer knew was an unprotected lot where the policy provided coverage for risks other Read More »
Trial Court Order — litigant may not overcome summary judgment by filing an affidavit which repudiates prior sworn testimony
21 Fla. L. Weekly Supp. 841a Online Reference: FLWSUPP 2108RAYM Debt collection — Summary judgment — Affidavit in opposition to defendant’s motion for summary judgment is stricken, as affidavit directly contradicts deposition testimony of plaintiff’s corporate representative — Evidence — Hearsay — Exceptions — Business records — Plaintiff has failed to demonstrate strict compliance with Read More »
Trial Court Order — Medical provider permitted to question insurer about reimbursement levels in the community
21 Fla. L. Weekly Supp. 810a Online Reference: FLWSUPP 2108RAMI Insurance — Personal injury protection — Discovery — Depositions — At deposition of insurer’s corporate representative, medical provider may inquire as to reimbursement levels in community as reflected by amounts insurer has paid other similarly placed providers in community — Insurer is required to bring Read More »