46 Fla. L. Weekly D653a GREGORY ERN, Petitioner, v. JANICE LOU SPRINGER and PROGRESSIVE AMERICAN INSURANCE COMPANY, Respondents. 4th District. Case No. 4D20-2107. March 24, 2021. Petition for writ of certiorari to the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Janet Croom, Judge; L.T. Case No. 31-2019-CA-000815-XXXX. Counsel: Joseph H. Graves and […]
Articles
Insurance — Homeowners — Hurricanes — Water damage — Exclusions — No error in entering summary judgment in favor of insurer on claims for damage from a plumbing leak and a hurricane — Insured’s affidavits and deposition were conclusory and insufficient to create a genuine issue of material fact as to insured’s claim that a hurricane had caused an opening in her roof through which water entered — Trial court did not err in applying water damage exclusion endorsement to insured’s plumbing claim — Exclusion endorsement did not conflict with policy’s specific provisions endorsement and there was no ambiguity in the policy — Both endorsements stated that they replaced the water damage exclusion in the original policy, the first three subsections are virtually identical in each endorsement, and the two additional exclusions in the special provisions endorsement supplement, and do not conflict with, the first three exclusions
46 Fla. L. Weekly D656a DOROTHY ARCHER, Appellant, v. TOWER HILL SIGNATURE INSURANCE COMPANY, Appellee. 4th District. Case No. 4D19-3702. March 24, 2021. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Raag Singhal, Judge; L.T. Case No. CACE-18-4463 (21). Counsel: Paul B. Feltman of Alvarez, Feltman, Da Silva & Costa, PL, […]
Torts — Automobile accident — Discovery — Mental health records — Trial court departed from essential requirements of law by entering order requiring production of plaintiff’s mental health records without limitation or in camera inspection to ensure that only relevant information was disclosed connecting the mental health records either in substance or time to the claim at issue — Relief granted without prejudice for trial court to conduct in camera inspection to confirm that records are relevant and timely as to claim at issue
46 Fla. L. Weekly D653a GREGORY ERN, Petitioner, v. JANICE LOU SPRINGER and PROGRESSIVE AMERICAN INSURANCE COMPANY, Respondents. 4th District. Case No. 4D20-2107. March 24, 2021. Petition for writ of certiorari to the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Janet Croom, Judge; L.T. Case No. 31-2019-CA-000815-XXXX. Counsel: Joseph H. Graves and […]
Insurance — Fleet policy covering multiple aircraft — Limitation of liability coverage — Where fleet policy covering multiple aircraft provided liability coverage of $1 million for each occurrence, and two aircraft covered by policy collided, liability coverage for both aircraft was limited to a total of $1 million, rather than $1 million for each aircraft, for a total of $2 million — Although policy contained a separability clause confirming it applied separately to each insured aircraft, policy’s limitation of liability section, containing a “regardless” clause, provides no support for claim that policy limits can be combined, multiplied, or aggregated because of the number of aircraft involved in an accident
46 Fla. L. Weekly D648b ENDURANCE ASSURANCE CORP., Appellant, v. PERRY H. HODGES, JR., as Personal Representative of the Estate of NISHA SEJWAL; MARLRENIS SANCHEZ and PEDRO SANCHEZ, as Personal Representatives of the Estate of JORGE SANCHEZ; AURORA CECILIA SCARPATI RIPALDA, as Personal Representative of the Estate of CARLO ZANETTI SCARPATI; and MONICA DOMINGUEZ, as […]
Venue — Trial court lacked authority to sua sponte dismiss action for improper venue where parties had consented to venue
46 Fla. L. Weekly D648a PATRICE JONES, as Successor Co-Trustee of the ROBERT M. JONES, JR. TRUST dated December 28, 2007, and ANNELIESE D. JONES, Appellants, v. PATRICK SAYER, as Co-Trustee of the ROBERT M. JONES, JR. TRUST dated December 28, 2007, Appellee. 4th District. Case No. 4D20-1465. March 24, 2021. Appeal from the Circuit […]