39 Fla. L. Weekly D627a Attorney’s fees — Insurance — Uninsured motorist — No error in denying plaintiff’s request for attorney’s fees after insurer voluntarily paid remainder of plaintiff’s UM claim where plaintiff’s prayer for relief included demand for reasonable attorney’s fees pursuant to sections 627.428 and 627.727(8) — Statutes at issue do not apply Read More »
Articles
Time for serving Motion for Additur runs from date verdict is returned, not date judgment is entered
39 Fla. L. Weekly D624a Insurance — Uninsured motorist — Damages — Additur — Denial — Appeals — Jurisdiction — Motion for additur was not timely served under rule 1.530(b) where it was not filed with trial court until 19 days after return of jury verdict — Untimely motion for additur did not suspend rendition Read More »
Recent Developments in Co-Owner Vicarious Liability By Martin G. Deptula, Esq. Published in “Paraclete,” The Magazine for the Legal Professional, April 2014 In Ortiz v. Regalado, 113 So.3d 57 (Fla. 2d DCA 2013), the Second DCA addressed the issue of vicarious liability amongst vehicle co-owners. Mr. Ortiz jointly owned a motor vehicle with his Read More »
Trial Court Order concluding that a claimant’s “direction to pay” amounted to an assignment of insurance proceeds thus transferring standing to sue for such benefits to the medical provider
21 Fla. L. Weekly Supp. 344b Online Reference: FLWSUPP 2104PHIL Insurance — Personal injury protection — Standing — Assignment — Where insured executed document assigning benefits to medical provider who rendered services, submitted bills to insurer, and filed suit against insurer, provider is real party in interest — There is no distinction between direction to Read More »
Trial Court Order concerning discovery of insurer claims file materials when coverage is disputed
21 Fla. L. Weekly Supp. 358b Online Reference: FLWSUPP 2104KERS Insurance — Personal injury protection — Discovery — Documents — Work product — Adjuster’s notes in claims file that were revealed on in camera inspection to be relevant and to be part of ordinary claims process, not work product, are not privileged — Question certified: Read More »