45 Fla. L. Weekly D2121b Insurance — Uninsured motorist — Bad faith — Evidence — Settlement offers — Mediation communications — New trial — Loss of consortium — No error in dismissing insured wife’s loss of consortium claim where wife failed to file a civil remedy notice — Trial court erred in admitting insurer’s activity Read More »
Uncategorized
Wrongful death — Duty of care — Decedent, a guest at resort, who was transported by resort employee in a golf cart to the edge of highway and was killed while walking across highway to a grocery store after exiting golf cart — Trial court properly entered summary judgment for defendant resort on basis that defendant did not create a foreseeable zone of risk by dropping off decedent on side of highway, and owed decedent no duty of care with respect to potential danger of crossing highway — Once decedent disembarked from golf cart, defendant owed no further duty of care to him — Trial court did not abuse discretion by striking expert’s affidavit in opposition to motion for summary judgment where affidavit contained expert’s own legal opinion regarding duty of care owed to decedent
45 Fla. L. Weekly D1809b Wrongful death — Duty of care — Decedent, a guest at resort, who was transported by resort employee in a golf cart to the edge of highway and was killed while walking across highway to a grocery store after exiting golf cart — Trial court properly entered summary judgment for Read More »
Torts — Settlement agreements — Appeals — Non-final orders — Order denying defendant’s motion to enforce settlement agreement is a non-final, non-appealable order where order did not determine, as a matter of law, that settlement agreement never existed
45 Fla. L. Weekly D1540b Torts — Settlement agreements — Appeals — Non-final orders — Order denying defendant’s motion to enforce settlement agreement is a non-final, non-appealable order where order did not determine, as a matter of law, that settlement agreement never existed NANCY POWELL and RALEIGH POWELL, Appellants, v. MILDREDA WOODARD, Appellee. 1st Read More »
Insurance — Homeowners — Appraisal — Trial court erred by granting insureds’ motion to compel arbitration without holding evidentiary hearing to determine whether insureds had complied with post-loss obligation to submit sworn proof of loss that is compliant with policy requirements
45 Fla. L. Weekly D1523a Insurance — Homeowners — Appraisal — Trial court erred by granting insureds’ motion to compel arbitration without holding evidentiary hearing to determine whether insureds had complied with post-loss obligation to submit sworn proof of loss that is compliant with policy requirements PEOPLE’S TRUST INSURANCE COMPANY, Appellant, v. ORLANDO ORTEGA Read More »
Workers’ compensation — Compensable accidents — Presumption of compensability — Heart disease — Correctional officer — Trigger theory — Where medical evidence showed that claimant’s peak exercise workouts in 2002 triggered degeneration of his congenital heart condition into atrial fibrillation, but this evidence wasn’t evaluated as a non-occupational cause that would overcome statutory presumption of compensability, reversal of compensation order entered in favor of claimant and remand for further consideration of trigger theory in view of exercise-related evidence is appropriate — Discussion of “trigger theory”
45 Fla. L. Weekly D982a Workers’ compensation — Compensable accidents — Presumption of compensability — Heart disease — Correctional officer — Trigger theory — Where medical evidence showed that claimant’s peak exercise workouts in 2002 triggered degeneration of his congenital heart condition into atrial fibrillation, but this evidence wasn’t evaluated as a non-occupational cause that Read More »