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 »
Uncategorized
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 log which memorialized the insureds’ settlement offer at mediation — Activity log note containing insureds’ mediation offer was irrelevant where it had nothing to do with whether insurer acted in bad faith when it failed to tender policy limits until after insured husband’s CRN had expired — Note was inadmissible pursuant to section 90.408 where note reflected settlement negotiations between the same parties involved in the bad faith trial — Additionally, activity log note was inadmissible because it was a privileged mediation communication — Although insureds and the insurer were parties to the mediation, activity log note was published to a party outside the ambit of those privileged to see it under section 44.405 when it was introduced into evidence and published to the jury — Remand for new trial
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 »
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 »