45 Fla. L. Weekly D1177a Workers’ compensation — Attorney’s fees — Costs — Prevailing party — Appeals — Judge of compensation claims did not err in finding that claimant was not entitled to attorney’s fees and costs as a prevailing party — Claimant did not meet burden of showing that her attorney’s efforts achieved acceptance […]
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Insurance — Homeowners — Coverage — Exclusions — Proper damage caused by insects or vermin — District court did not err in dismissing complaint for breach of contract and bad faith refusal to pay based on insurer’s denial of coverage for an infestation of brown recluse spiders in insureds’ home because brown recluse spiders are both “insects” and vermin” under ordinary meaning of those terms — District court committed no error by consulting dictionaries to determine those legislative facts
28 Fla. L. Weekly Fed. C1120a Insurance — Homeowners — Coverage — Exclusions — Proper damage caused by insects or vermin — District court did not err in dismissing complaint for breach of contract and bad faith refusal to pay based on insurer’s denial of coverage for an infestation of brown recluse spiders in insureds’ […]
Insurance — Commercial automobile liability — Coverage — Insurer of truck that collided with two vehicles, one immediately after the other, when driver crossed the center line sought declaration of its obligations under two insurance policies issued to driver’s employer and owner of the truck and policy issued to company which listed the truck as covered auto — District court did not err in concluding that coverage existed under policy that specifically listed the truck but not the owner’s policies where dispositive question is whether an enforceable lease granting exclusive use rights existed, and there is no genuine issue of material fact that such lease existed because defendants failed to produce any evidence that nonowner company had “exclusive use rights” at time of the accident, an essential element of defendants’ case on which they would bear the burden of proof at trial — Defendants needed to prove content of lease, that there was a contractual relationship giving exclusive use rights at the time of the accident, and the best evidence of content of lease is writing itself — Even if an exception to best evidence rule applied, there was not enough evidence of writing’s contents at summary judgment stage to conclude an enforceable lease granting exclusive use rights existed — Reconsideration — District court did not abuse discretion in denying motion for reconsideration of its summary judgment order where motion was based on evidence purporting to establish that lease granted insurer exclusive use rights, but evidence was available and could have been presented at summary judgment stage — Number of accidents — Under policies at issue and Georgia law, the multi-auto collision in instant case was a single accident — Under Georgia law, cause theory applies to determine number of accidents — Applying the cause theory, the chain of events constituted a single accident where driver did not regain control of truck as he crossed the center line and collided with the two vehicles and evidence indicates that truck moved into the southbound lane and, as an uninterrupted consequence of that move, hit two vehicles
28 Fla. L. Weekly Fed. C1086a Insurance — Commercial automobile liability — Coverage — Insurer of truck that collided with two vehicles, one immediately after the other, when driver crossed the center line sought declaration of its obligations under two insurance policies issued to driver’s employer and owner of the truck and policy issued to […]
Insurance — Contractors — Insurer had no duty to defend construction company in action alleging that company’s employee or agent caused damage to condominium building where the damage occurred above the third story of the condominium building, and the policy contained an exclusion for construction damage to a building more than three stories in height
45 Fla. L. Weekly D1152a Insurance — Contractors — Insurer had no duty to defend construction company in action alleging that company’s employee or agent caused damage to condominium building where the damage occurred above the third story of the condominium building, and the policy contained an exclusion for construction damage to a building more […]
Insurance — Homeowners — All risk policy — Concurrent cause doctrine — Where water damage to insured home was caused by water entering home through walls and windows, an excluded cause, and by water entering through door, a cause which was not excluded, trial court erred in granting directed verdict in favor of insured on basis of concurrent cause doctrine because policy contained an anti-concurrent cause provision — Because evidence of water entering through the walls and windows was undisputed and expressly excluded by policy, entire loss is excluded from coverage due to anti-concurrent cause provision
45 Fla. L. Weekly D1151b Insurance — Homeowners — All risk policy — Concurrent cause doctrine — Where water damage to insured home was caused by water entering home through walls and windows, an excluded cause, and by water entering through door, a cause which was not excluded, trial court erred in granting directed verdict […]