43 Fla. L. Weekly D218aTop of Form Real property — Declaratory judgment action seeking declaration of right of unit owners to access and use dock located behind defendant’s waterfront property — Trial court erred by dismissing declaratory judgment action and failing to determine parties’ rights to dock — Because defendant severed his riparian rights in Read More »
Articles
Evidence Code — Amendments — Chapter 2011-183, section 1, Laws of Florida, which created section 90.5021, Florida Statutes (Fiduciary lawyer-client privilege) of the Florida Evidence Code adopted, to the extent that provision of the Evidence Code is procedural
43 Fla. L. Weekly S31aTop of Form Evidence Code — Amendments — Chapter 2011-183, section 1, Laws of Florida, which created section 90.5021, Florida Statutes (Fiduciary lawyer-client privilege) of the Florida Evidence Code adopted, to the extent that provision of the Evidence Code is procedural IN RE: AMENDMENTS TO THE FLORIDA EVIDENCE CODE – 2017 Read More »
Insurance — Homeowners — Sinkhole claim — Bad faith — An insured is not required to wait until the appraisal process is completed before filing a civil remedy notice — The filing of a civil remedy notice before the appraisal process is complete and damages are determined does not render the CRN a legal nullity, thereby precluding a bad faith claim
43 Fla. L. Weekly D200aTop of Form Insurance — Homeowners — Sinkhole claim — Bad faith — An insured is not required to wait until the appraisal process is completed before filing a civil remedy notice — The filing of a civil remedy notice before the appraisal process is complete and damages are determined does Read More »
Insurance — Homeowners — All risk policy — Jury instructions — Cause of damage to roof of insured home — Efficient proximate cause/concurrent cause — Where some of the policy exclusions did not contain anti-concurrent cause provisions, court erred by uniformly applying efficient proximate cause doctrine in jury instructions
43 Fla. L. Weekly D164aTop of Form Insurance — Homeowners — All risk policy — Jury instructions — Cause of damage to roof of insured home — Efficient proximate cause/concurrent cause — Where insureds presented evidence that damage to roof was caused by hailstorm, but insurer presented evidence that wear and tear was the principal Read More »
Insurance — Uninsured motorist — Coverage — Trial court did not err in finding that insured was entitled to UM coverage for injuries sustained when she was struck by an underinsured golf cart while walking on paved pathway, despite UM exclusion for vehicles designed “mainly for use off public roads while not on public roads,” where policy provided liability coverage for certain damages caused by insured’s use of non-owned golf cart — Public policy requires UM coverage to be reciprocal to liability coverage
43 Fla. L. Weekly D161bTop of Form Insurance — Uninsured motorist — Coverage — Trial court did not err in finding that insured was entitled to UM coverage for injuries sustained when she was struck by an underinsured golf cart while walking on paved pathway, despite UM exclusion for vehicles designed “mainly for use off Read More »