43 Fla. L. Weekly D413b Workers’ compensation — Medical benefits — Employer’s authorization of certain treatments while insisting that treatments be performed by health care provider other than claimant’s treating physician amounted to de facto deauthorization of treating physician — Employer did not satisfy requirements of statute allowing employer to transfer care of employee if Read More »
Articles
Torts — Dismissal with prejudice — Fraud on court — Evidence did not support trial court’s finding that plaintiff committed fraud on the court by failing to disclose that he had suffered injuries in a prior automobile accident and by giving false testimony — Remand for trial court to reconsider whether remaining findings cumulatively support conclusion that plaintiff committed fraud on the court
43 Fla. L. Weekly D401a Torts — Dismissal with prejudice — Fraud on court — Evidence did not support trial court’s finding that plaintiff committed fraud on the court by failing to disclose that he had suffered injuries in a prior automobile accident and by giving false testimony — Remand for trial court to reconsider Read More »
Insurance — Attorney’s fees — Proposal for settlement — Where trial court had entered summary judgment for insurer in insured’s action alleging breach of insurance contract on basis that claimed loss was not covered under policy, it was an abuse of discretion to deny insurer’s motion for attorney’s fees pursuant to offer of judgment statute on ground that insurer’s nominal proposal for settlement was not made in good faith
43 Fla. L. Weekly D395a Top of Form Insurance — Attorney’s fees — Proposal for settlement — Where trial court had entered summary judgment for insurer in insured’s action alleging breach of insurance contract on basis that claimed loss was not covered under policy, it was an abuse of discretion to deny insurer’s motion for Read More »
Civil procedure — Discovery — Appeals — Certiorari — Trial court departed from essential requirements of law by determining that party’s agreement to “answer” discovery requests constituted express waiver of all privileges
43 Fla. L. Weekly D402b Top of Form Civil procedure — Discovery — Appeals — Certiorari — Trial court departed from essential requirements of law by determining that party’s agreement to “answer” discovery requests constituted express waiver of all privileges DAVID NEWMAN, Petitioner, v. GLENN HIRST and WERNER ENTERPRISES, INC., Respondents. 5th District. Case No. Read More »
Insurance — Attorney’s fees — Proposal for settlement — Where trial court had entered summary judgment for insurer in insured’s action alleging breach of insurance contract on basis that claimed loss was not covered under policy, it was an abuse of discretion to deny insurer’s motion for attorney’s fees pursuant to offer of judgment statute on ground that insurer’s nominal proposal for settlement was not made in good faith — Insurer had a reasonable basis at the time of the proposal to conclude that its exposure was nominal
43 Fla. L. Weekly D395a Top of Form Insurance — Attorney’s fees — Proposal for settlement — Where trial court had entered summary judgment for insurer in insured’s action alleging breach of insurance contract on basis that claimed loss was not covered under policy, it was an abuse of discretion to deny insurer’s motion for Read More »