45 Fla. L. Weekly D1675a Torts — Automobile accident — Slow speed rear-end collision — Referral relationship between plaintiff’s former counsel and her chiropractor — Plaintiff opened door for defendant to challenge plaintiff’s statement that she was referred to chiropractor by hospital — Trial court did not abuse discretion in allowing inference and argument regarding […]
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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 where insurer failed to preserve the documents at issue for appellate review — In the absence of a record reflecting the material reviewed by the trial court, appellate court cannot review trial court’s findings — Insurer may not cure incomplete appendix under rule 9.220(a) where nothing indicates that insurer followed proper procedure for filing documents at issue under seal with the trial court — Because documents are not in trial court’s record, they cannot be transmitted to appellate court for review under the rule
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 […]
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 […]