47 Fla. L. Weekly D898a MASSEY CONSTRUCTION GROUP, INC. a/a/o JOSEPH JAFFE, Appellant, v. EDISON INSURANCE COMPANY, Appellee. 2nd District. Case No. 2D20-2362. April 20, 2022. Appeal from the Circuit Court for Collier County; Hugh D. Hayes, Judge. Counsel: Alex Finch and Mark Fromang of Fromang & Finch, P.A., Orlando (withdrew after briefing); Susan Z. Read More »
Articles
Insurance — Condominiums — Hurricane damage — Appraisal — Trial court erred in compelling appraisal of insured’s supplemental claim for window and door damage where, although insurer paid insured’s initial roof claim, insurer denied coverage for supplemental claim
47 Fla. L. Weekly D938a HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. FAIRWAY OAKS, INC., Appellee. 2nd District. Case No. 2D21-793. April 22, 2022. Appeal from the Circuit Court for Collier County; Hugh D. Hayes, Judge. Counsel: David A. Noel and Kara Rockenbach Link of Link & Rockenbach, P.A., West Palm Beach; and Jeffrey Read More »
Insurance — Personal injury protection — Coverage — Conditions precedent — Summary judgment — Error to enter summary judgment in favor of insurer concluding that insured had failed to satisfy condition precedent by failing to appear at examination under oath — Under summary judgment standard applicable at the time, insured’s affidavit attesting that she never received notice of any EUO established a genuine issue of fact concerning whether insured received proper notice
47 Fla. L. Weekly D692b RED DIAMOND MEDICAL GROUP, LLC a/a/o Barbara Sori, Appellant, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellee. 3rd District. Case No. 3D21-763. L.T. Case No. 20-3172 SP. March 23, 2022. An Appeal from the County Court for Miami-Dade County, Michaelle Gonzalez-Paulson, Judge. Counsel: Chad Barr Law, and Chad A. Barr (Altamonte Springs), Read More »
Torts — Automobile accident — Damages — Special damages — Aggravation of preexisting condition — Trial court erred by permitting plaintiff to present unpled claim of aggravation damages to jury based on the fact that defendant engaged in discovery regarding plaintiff’s prior injuries and treatment — Because aggravation of preexisting conditions does not necessarily result from automobile accidents, even though it might naturally and proximately result from the injury, it is a claim for special damages which must be specifically pled — Knowledge by the defense of the claimed damages is insufficient to excuse pleading requirement — Where special damages were not specifically pled, evidence of them was inadmissible — Argument that issue was tried by consent is unsupported where defendant made repeated objections aimed at excluding aggravation of preexisting conditions from trial — Case remanded for new trial limited to the cause and amount of future medical expenses, if any, and the cause and amount of future non-economic damages — On remand, trial court is instructed to grant defendant’s motion for directed verdict on claim for damages regarding aggravation of preexisting conditions where there was absolutely no evidence presented by either side to the effect that the collision aggravated any prior condition, disease or injury
47 Fla. L. Weekly D715a STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant/Cross-Appellee, v. CHRISTEL DAVIS, INDIVIDUALLY AND AS PARENT AND GUARDIAN OF C.H., A CHILD, Appellee/Cross-Appellant. 5th District. Case Nos. 5D20-1595, 5D20-1601. L.T. Case No. 2018-CA-00631. Opinion filed March 25, 2022. Appeal from the Circuit Court for Citrus County, Carol A. Falvey, Judge. Counsel: Jennifer Read More »
Insurance — Personal injury protection — Coverage — Medical expenses — Statutory fee schedules — Deductible — Trial court properly determined that insurer was required to subtract deductible from provider’s total medical charges before applying reimbursement limitations — Error to require insurer to pay 100% of billed amount where billed amount was more than 80% of 200% of applicable fee schedule — Argument that insured failed to comply with conditions precedent was not preserved for appellate review
47 Fla. L. Weekly D713e GEICO INDEMNITY COMPANY, Appellant, v. AFFINITY HEALTHCARE CENTER AT WATERFORD LAKES, PL A/A/O ERNST PEREIRA, Appellee. 5th District. Case No. 5D21-184. L.T. Case No. 2017-SC-12824-O. March 25, 2022. Appeal from the County Court for Orange County, David Johnson, Judge. Counsel: Rebecca Delaney and Scott W. Dutton, of Dutton Law Group, Read More »