45 Fla. L. Weekly D1508b Insurance — Uninsured/underinsured motorist — Damages — Set-off — Settlement agreements — Trial court erred by denying insurers’ motion to set off from jury verdict the amount of money which the insured received from settlement agreements with two other carriers — With regard to settlement with underinsured motorist’s liability carrier, […]
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Corporations — Breach of contract — Jurisdiction — Minimum contacts — Trial court incorrectly concluded that foreign corporation had sufficient minimum contacts with Florida to justify the exercise of personal jurisdiction based on finding that foreign corporation sought out resident corporation’s brokerage services, conducted substantial communications with resident corporation for purposes of receiving brokerage services, and partially performed its obligations in Florida by making payments in Florida — Evidence did not establish that contract between the parties was a contract for services — Although foreign corporation routinely contacted resident corporation, routine contact, in and of itself, is not enough — Foreign corporation must have actively monitored resident corporation’s procurement of goods on foreign corporation’s behalf and/or otherwise engaged themselves in resident corporation’s procurement of the goods
45 Fla. L. Weekly D1481b Corporations — Breach of contract — Jurisdiction — Minimum contacts — Trial court incorrectly concluded that foreign corporation had sufficient minimum contacts with Florida to justify the exercise of personal jurisdiction based on finding that foreign corporation sought out resident corporation’s brokerage services, conducted substantial communications with resident corporation for […]
Insurance — Automobile — Uninsured motorist — Resident relative — Trial court did not err in granting summary judgment determining that automobile insurer was required to provide UM coverage to insured’s resident relative where, although provision of insured’s policy excluded resident relatives who owned an automobile at time of accident from UM coverage such as the relative at issue, a separate provision in policy provided basic liability coverage to relative — If a motor vehicle liability insurance policy provides bodily injury liability coverage, then it must also provide UM coverage to those insured under the policy — While a policy may include specific provisions that exclude certain insureds from UM coverage if named insured knowingly accepts such a limitation and insurer offers a reduced premium, insurer in case at issue neither obtained informed acceptance nor provided reduced rates
45 Fla. L. Weekly D1475a Insurance — Automobile — Uninsured motorist — Resident relative — Trial court did not err in granting summary judgment determining that automobile insurer was required to provide UM coverage to insured’s resident relative where, although provision of insured’s policy excluded resident relatives who owned an automobile at time of accident […]
Torts — Discovery — Non-parties — Financial information regarding relationship between non-party insurer and physician-expert — Appeals — Certiorari — Denial
45 Fla. L. Weekly D1466b Torts — Discovery — Non-parties — Financial information regarding relationship between non-party insurer and physician-expert — Appeals — Certiorari — Denial MICHAEL TAHAN, Petitioner, v. EMMA MUNOZ, Respondent. 3rd District. Case No. 3D20-497. L.T. Case No. 19-4984. June 17, 2020. On Petition for Writ of Certiorari from the Circuit Court […]
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 D1385b 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 […]