50 Fla. L. Weekly D713a CAROL BOYD, Appellant, v. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellee. 4th District. Case No. 4D2024-0246. March 26, 2025. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael Robinson, Judge; L.T. Case No. 2021CA018523XXXX. Counsel: Michael A. Cassel of Cassel & Cassel, P.A., Hollywood, for appellant. […]
Articles
Contracts — Settlement agreement — Coblentz agreement — Negotiated consent judgment between injured party and defendant whose insurance company denied coverage and declined to defend lawsuit — Plaintiffs not entitled to recover under agreement where trial court correctly found that insurer had no duty to defend or indemnify its insured
50 Fla. L. Weekly D702a FREEDOM OFFICES CORP., and MARIA BEHAR, Appellants, v. ROCKHILL INSURANCE COMPANY, et al., Appellees. 3rd District. Case No. 3D24-1339. L.T. Case No. 19-8418-CA-01. March 26, 2025. An Appeal from the Circuit Court for Miami-Dade County, Vivianne del Rio, Judge. Counsel: Law Offices of Victor K. Rones, P.A., and Victor K. […]
Insurance — Homeowners — Attorney’s fees — Proposal for settlement — Joint proposal — Validity — Property jointly owned by insureds as husband and wife — Trial court erred by awarding insurer attorney’s fees based on a rejected joint proposal for settlement it served on the insureds where proposal did not allow for each individual insured to independently accept or reject the proposal — Discussion of supreme court’s decision in Attorneys’ Title Insurance Fund, Inc. v. Gorka — Pursuant to Gorka, a proposal from a defendant to multiple plaintiffs which does not allow for each plaintiff to independently accept or reject the proposal is invalid — There is no exception for cases in which the multiple plaintiffs have a close personal or financial relationship
50 Fla. L. Weekly D739a Insurance — Homeowners — Attorney’s fees — Proposal for settlement — Joint proposal — Validity — Property jointly owned by insureds as husband and wife — Trial court erred by awarding insurer attorney’s fees based on a rejected joint proposal for settlement it served on the insureds where proposal did […]
Insurance — Bad faith — Conditions precedent to suit against insurer — Civil remedy notice — Trial court erred in denying insurer’s motion for summary judgment and allowing bad faith action to proceed where insurer was not given 60-day notice and opportunity to cure as required by section 624.155, Florida Statutes (2018) — Court rejects argument that filing notice with Department of Financial Services constituted giving notice to the insurer under 2018 version of statute
50 Fla. L. Weekly D641b PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellant, v. PEDRO GONZALEZ, et al., Appellees. 3rd District. Case No. 3D23-2247. L.T. Case No. 18-22406. March 19, 2025. An Appeal from the Circuit Court for Miami-Dade County, Lisa S. Walsh, Judge. Counsel: Banker Lopez Gassler, P.A., and Chris W. Altenbernd and Ezequiel Lugo (Tampa), for […]
Torts — Action against towing service seeking damages sustained during purportedly illegal towing and further seeking declaration that towing lien perfected by towing service was void and unenforceable — Dismissal — Trial court erred in granting motion to dismiss in which defendant contended that documents attached to its motion established that tow was performed at direction of law enforcement and complied with mandates of section 713.78 — Grounds asserted in motion asserted factual findings that could not be properly resolved on motion to dismiss
50 Fla. L. Weekly D663a HENRY TIEN, Appellant, v. EXCALIBUR TOWING SERVICE CORP., Appellee. 3rd District. Case No. 3D24-0702. L.T. Case No. 21-22013-CC-25. March 19, 2025. An Appeal from the County Court for Miami-Dade County, Gloria Gonzalez-Meyer, Judge. Counsel: Henry Tien, in proper person. Herrera Law Firm, P.A. and Jose-Trelles Herrera, for appellee. (Before FERNANDEZ, […]