45 Fla. L. Weekly D2391a WALTER GONZALEZ and YASMIN GONZALEZ, Appellants, v. PEOPLE’S TRUST INSURANCE COMPANY, Appellee. 3rd District. Case No. 3D19-646. L.T. Case No. 18-7894. October 21, 2020. An Appeal from the Circuit Court for Miami-Dade County, Mavel Ruiz, Judge. Counsel: Mintz Truppman, P.A., and Timothy H. Crutchfield, for appellants. Cole, Scott & Kissane, Read More »
Uncategorized
Insurance — Bad faith — Conditions precedent — Civil remedy notice — Notice filed against incorrect entity — Waiver — Trial court erred in dismissing insured’s complaint for bad faith with prejudice based on finding that insured’s civil remedy notice was ineffective as a matter of law because insurer was misidentified — Although trial court was correct in finding that the misidentification failed to strictly comply with section 624.155(3), insurer had waived the argument by not raising the misidentification in its response to the civil remedy notice
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 »
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 »