45 Fla. L. Weekly D1714a Insurance — Bad faith — Discovery — Privileged information — Appeals — Insurer seeking certiorari review of trial court order requiring insurer to produce documents, which insurer claims are privileged and/or work product documents, after in camera inspections by a special master and the trial court — Petition is denied […]
Articles
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 […]
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 […]
Insurance — Homeowners — Appraisal — Trial court erred in determining that Preferred Contractor Endorsement subjecting scope of work disputes to appraisal is invalid because of insurer’s alleged failure to provide a statutory notice of change in policy terms — Notice of Change in Policy Terms included in policy renewal package was sufficient to provide statutory notice of change — Trial court erred in determining that insurer waived its right to appraisal because of its failure to provide statutory notice of insureds’ right to participate in mediation at the time insureds first filed a claim of loss — When attorneys for insureds signified that the means and costs of repair estimated by parties had ripened into a dispute, insurer gave timely and compliant notice to insureds of their right to participate in mediation under Department of Financial Services program
45 Fla. L. Weekly D1521b Insurance — Homeowners — Appraisal — Trial court erred in determining that Preferred Contractor Endorsement subjecting scope of work disputes to appraisal is invalid because of insurer’s alleged failure to provide a statutory notice of change in policy terms — Notice of Change in Policy Terms included in policy renewal […]
Torts — Punitive damages — Error to award punitive damages where plaintiff failed to adequately allege and prove both a tort independent from acts that breached contract and non-duplicative damages grounded in tort
45 Fla. L. Weekly D1519b Torts — Punitive damages — Error to award punitive damages where plaintiff failed to adequately allege and prove both a tort independent from acts that breached contract and non-duplicative damages grounded in tort ALF J. AANONSEN, Appellant, v. MICHAEL A. SUAREZ, etc., Appellee. 3rd District. Case Nos. 3D18-2466 & 3D19-0612. […]