45 Fla. L. Weekly D2380a CARLA BAY, Appellant, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Appellee. 4th District. Case No. 4D19-3332. October 21, 2020. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael A. Robinson, Judge; L.T. Case No. CACE18-023962. Counsel: George A. Vaka and Nancy A. Lauten of Vaka Law Group, Tampa, Read More »
Uncategorized
Evidence — No error in trial court’s exclusion of insurance adjuster’s report — Report was protected work product, and plaintiff failed to establish applicable exception to prohibition against use of such materials at trial — No error in determination that work product privilege was not waived — No abuse of discretion in denying plaintiff’s request to be recalled to witness stand as a rebuttal witness — Damages — Setoff — Collateral source — Error to include in amount of collateral source set-off a bill paid by plaintiff
45 Fla. L. Weekly D2390b CLIFFORD JASON GREGORY, Appellant, v. KEY WEST WELDING AND FABRICATIONS, INC., et al., Appellees. 3rd District. Case No. 3D18-2419. L.T. Case No. 06-390-K. October 21, 2020. An Appeal from the Circuit Court for Monroe County, Timothy J. Koenig, Judge. Counsel: Hugh Morgan; W. Sam Holland; Wasson & Associates, Chartered, and Read More »
Insurance — Property — Hurricane damage — Appraisal — Insurer did not waive right to appraisal by choosing to cover only part of loss claimed by insured or by abating original appraisal after being served with insured’s lawsuit — Insurer did not actively participate in lawsuit by moving to compel appraisal after suit was filed — Insurer did not engage in conduct inconsistent with right to appraisal by ordering appraiser to stop working on the appraisal when it was already a month into the process — Trial court erred in denying motion to compel appraisal
45 Fla. L. Weekly D2274a PEOPLE’S TRUST INSURANCE COMPANY, Appellant, v. FARUA PORTUONDO, Appellee. 3rd District. Case No. 3D20-266. L.T. Case No. 19-22640. October 7, 2020. An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Jose M. Rodriguez, Judge. Counsel: Beck Law, P.A., and Joshua S. Beck (Boca Raton); Brett R. Read More »
Attorney’s fees — Proposal for settlement which was served by plaintiff after the death of the original defendant and prior to the proper substitution of estate as party defendant was a legal nullity — Proposal for settlement violated party substitution requirements of rule 1.260(a)(1) and timing requirements of rule 1.442(b)
45 Fla. L. Weekly D2114a Attorney’s fees — Proposal for settlement which was served by plaintiff after the death of the original defendant and prior to the proper substitution of estate as party defendant was a legal nullity — Proposal for settlement violated party substitution requirements of rule 1.260(a)(1) and timing requirements of rule 1.442(b) Read More »
Insurance — Coverage — Post-loss obligations — Notice of claims — Discovery — Privileged information — Waiver — Trial court did not depart form essential requirements of the law by allowing insurer to depose claims adjuster and insurer’s counsel on topics relevant to notice where trial court appropriately limited discovery to topics not precluded by law — Trial court departed from essential requirements of the law in allowing insured to depose certain corporate representatives on topics insurer’s counsel had agreed to in letter to insured’s counsel where topics extended beyond notice and discovery issues and into areas of claims handling and matters otherwise prohibited by law — Privilege was not waived by insurer’s counsel’s letter as an attorney cannot waive a privilege objection for a client even if counsel indicates an intent to produce certain discovery but later raises a privilege objection to production of that discovery
45 Fla. L. Weekly D2105a Insurance — Coverage — Post-loss obligations — Notice of claims — Discovery — Privileged information — Waiver — Trial court did not depart form essential requirements of the law by allowing insurer to depose claims adjuster and insurer’s counsel on topics relevant to notice where trial court appropriately limited discovery Read More »