47 Fla. L. Weekly D343b SHAWN LOWITZ, individually, and SHAWN LOWITZ, as Personal Representative of the Estate of David A. Lowitz, Deceased, Petitioner, v. SOUTH ALABAMA BRICK COMPANY, INC. d/b/a W.R. TAYLOR & COMPANY and CHRISTIAN SENN, Respondents. 1st District. Case No. 1D21-1555. February 2, 2022. Petition for Writ of Certiorari — Original Jurisdiction. Counsel: Read More »
Articles
Workers’ compensation — Average weekly wage — Judge of compensation claims erred by not including pro rata share of claimant’s annual merit bonus when calculating AWW — Although claimant was not eligible for bonus until her anniversary date, and accident occurred prior to that date, bonus was based on satisfactory performance by an employee during the preceding 52-week period — Claimant’s eventual receipt of merit bonus from employer indicated that her performance had been satisfactory during the entire 52-week period and leads to conclusion that claimant earned a quarter of the bonus during the 13 weeks prior to the date of accident
47 Fla. L. Weekly D297c RITA NOA, Appellant, v. CITY OF AVENTURA and FLORIDA LEAGUE OF CITIES, Appellees. 1st District. Case No. 1D21-0549. January 26, 2022. On appeal from an order of the Office of the Judges of Compensation Claims. Sylvia Medina-Shore, Judge. Date of Accident: February 27, 2020. Counsel: Amie E. DeGuzman, Jacksonville, for Read More »
Insurance — Homeowners — Post-loss obligations — Summary judgment — Error to enter summary judgment for insurer in insured’s breach of contract action against insurer after insurer denied claim for water damage to home on basis that insured failed to submit sufficient sworn proof of loss and failed to answer all questions at examination under oath where insurer failed to demonstrate absence of genuine issue of material fact as to these issues — Insurer’s affidavit in support of motion for summary judgment was deficient in that it contained inadmissible hearsay and unsupported conclusions of law and fact
47 Fla. L. Weekly D277a MARCO HUERTAS and MIOZOTI HUERTAS, Appellants, v. AVATAR PROPERTY & CASUALTY INSURANCE COMPANY, Appellee. 4th District. Case No. 4D21-953. January 26, 2022. Appeal from the County Court for the Fifteenth Judicial Circuit, Palm Beach County; Frank S. Castor, Judge; L.T. Case No. 50-2018-CC-004631-XXXX-MB. Counsel: Monique A. Low of David Low Read More »
Insurance — Homeowners — Discovery — Underwriting manual — Appeals — Certiorari — Trial court did not depart from essential requirements of the law by compelling discovery of underwriting manuals in effect when insurer issued or renewed subject policy — There is no categorical rule prohibiting discovery of underwriting manuals in breach of contract cases
47 Fla. L. Weekly D299a PEOPLE’S TRUST INSURANCE COMPANY, Petitioner, v. THEODORE R. FOSTER, Respondent. 1st District. Case No. 1D21-845. January 26, 2022. Petition for Writ of Certiorari — Original Jurisdiction. Counsel: Patrick M. Chidnese, of Bickford & Chidnese, LLP, Tampa; Daniel J. Maher, of Cole, Scott, & Kissane P.A., Miami; Brett R. Frankel, and Read More »
Insurance — Coverage — Denial — Concealment or fraud — False post-loss statements relating to insurance — Error to enter summary judgment in favor of insurer based on determination that insured had forfeited her coverage by making “false statements relating to the insurance” when she failed to disclose prior similar insurance claims, which insured argues she forgot — Term “false statement” in post-loss context includes an element of intent to mislead which, in this case, involves a genuine issue of material fact
47 Fla. L. Weekly D171a YOLANDA VARGAS, Appellant/Cross-Appellee, v. SAFEPOINT INSURANCE COMPANY, Appellee/Cross-Appellant. 3rd District. Case No. 3D19-1656. L.T. Case No. 17-12003. January 12, 2022. An Appeal from the Circuit Court for Miami-Dade County, Reemberto Diaz, Judge. Counsel: Giasi Law, P.A., and Melissa A. Giasi and Erin M. Berger (Tampa), for appellant/cross-appellee. Bickford & Chidnese, Read More »