48 Fla. L. Weekly D2198b RADICA HARRIPERSAD, Appellant, v. LAKE PARK GARDENS #1, INC., a condominium, Appellee. 4th District. Case Nos. 4D2023-0318 and 4D2023-0319. November 15, 2023. Consolidated appeals from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael Robinson, Judge; L.T. Case Nos. CACE20-11497 and CACE20-10884. Counsel: Herbert B. Dell of Herbert Read More »
Articles
Torts — Automobile accident — Vicarious liability — Dangerous instrumentality doctrine — Family members — Bailee — Driver of vehicle involved in automobile accident given permission to use vehicle by his mother, who was vehicle’s primary user, and his father, who held sole title to the vehicle — District court properly found that liability did not extend to the driver’s mother where driver’s father was found vicariously liable — Discussion of dangerous instrumentality doctrine — Under the dangerous instrumentality doctrine, one family member who is a bailee of a vehicle cannot be held vicariously liable when the vehicle’s acknowledged title owner is another family member who is also vicariously liable under the doctrine — While persons with property interests other than legal title may be vicariously liable under the dangerous instrumentality doctrine, the number of people liable under the doctrine is not multiplied every time a vehicle is shared — Those who originate the danger by entrusting the automobile to another, whether directly or by authorizing others, remain principally liable — Because driver’s father originated danger at issue by giving driver blanket permission to use vehicle, it was he, and not the driver’s mother, who is in the best position to face plaintiff’s claim for damages under dangerous instrumentality doctrine — While driver also had mother’s permission to use the vehicle, that fact is immaterial because the title holder gave them both the same permission to use the car
48 Fla. L. Weekly S227a BRUCE KYLE EMERSON, Petitioner, v. KYLE MICHAEL LAMBERT, et al., Respondents. Supreme Court of Florida. Case No. SC2020-1311. November 16, 2023. Application for Review of the Decision of the District Court of Appeal Certified Great Public Importance/Direct Conflict of Decisions. Second District – Case Nos. 2D18-1872 & 2D18-4103 (Pasco County). Read More »
Insurance — Homeowners — Coverage — Water damage — Act of nature — Tear out costs — Water loss caused by deterioration of property’s cast iron plumbing — Trial court did not err in determining that water damage exclusion endorsement in subject policy, which excluded coverage for the overflow of water caused by any act of nature, was applicable because corrosion of plumbing is an “act of nature” — Discussion of meaning of “act of nature” — Only contextually reasonable meaning of “act of nature” is “something that naturally occurs,” which includes a naturally occurring process like rust and corrosion — Trial court erred in determining that limited water damage coverage endorsement, which only applied to “covered property” that suffered “sudden and accidental direct physical loss,” covered tear out and replacement cost of concrete slab that insureds had to destroy to access plumbing system — Slab was an ancillary loss and ancillary losses were excluded by the WDX endorsement — Additionally, ancillary slab damage caused by tear out was not a direct physical loss, much less a sudden and accidental one
48 Fla. L. Weekly D2172d PEOPLE’S TRUST INSURANCE COMPANY, Appellant/Cross-Appellee, v. PAUL GUNSSER, Appellee/Cross-Appellant. 6th District. Case No. 6D23-492. L.T. Case No. 20-CA-002396. November 9, 2023. Appeal from the Circuit Court for Lee County. Sherra Winesett, Judge. Counsel: Mark D. Tinker and Francesca M. Stein, of Cole, Scott & Kissane, P.A., Tampa, for Appellant/Cross-Appellee. Mark Read More »
Insurance — Uninsured motorist — Argument — New trial — Action involving insured who had been seeking past medical expenses throughout trial before withdrawing that claim the day before closing arguments — Trial court did not abuse its discretion in denying insurer’s motion for new trial alleging that insured’s closing argument statement that, because insured was not seeking past medical expenses, insured’s medical experts did not have a “dog in the fight” had made jurors think that insurer misled them about the financial interests of insured’s witnesses and eviscerated insurer’s theme of the entire case, which was based on the bias and credibility of insured’s medical experts — Even if comments were misleading, comments were isolated and not so highly prejudicial and inflammatory that they deprived insurer of a fair trial
48 Fla. L. Weekly D2168a STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. CORA MATTHEWS, Appellee. 5th District. Case No. 5D22-1190. L.T. Case No. 2015-CA-000533. November 9, 2023. On appeal from the Circuit Court for Flagler County. Christopher A. France, Judge. Counsel: Warren B. Kwavnick, of The Law Office of Warren B. Kwavnick, PLLC, Pembroke Read More »
Insurance — Commercial property — Hurricane damage — Appraisal — Ripeness — Supplemental claims — Trial court did not err in granting insured’s motion to stay litigation and compel appraisal of claim related to losses caused by a hurricane — Claim was ripe for appraisal where insurer admitted coverage for insured’s initial roof claim, and claim remained open for adjustment when insured later reported additional damage to windows and doors pursuant to the policy — A subsequent claim should be treated as part of the initial claim if the insurer has accepted coverage for the initial claim and the claim has not been settled — Parties’ disagreement as to whether the insurer was required to pay for additional claimed damages is an amount-of-loss issue for appraisal to resolve, not a coverage issue
48 Fla. L. Weekly D2027a HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. WELLINGTON PLACE HOA, INC., Appellee. 4th District. Case No. 4D2022-2749. September 13, 2023. Appeal of a nonfinal order from the County Court for the Fifteenth Judicial Circuit, Palm Beach County; Gerard Joseph Curley, Judge; L.T. Case No. 502022CA001822. Counsel: Jeffrey A. Rubinton Read More »