45 Fla. L. Weekly D757a Torts — Medical malpractice — Evidence — Trial court did not err in excluding in second trial prior testimony as impeachment evidence upon deeming evidence to be irrelevant and improper for impeachment — Court did not err in admitting testimony of treating physicians after concluding that testimony did not amount […]
Articles
Insurance — Appraisal — Video and audio recording — Appeals — Certiorari — Trial court did not depart from essential requirements of the law in allowing insured to make a video and audio recording of insurer’s appraiser’s inspection of the insured property — Allowing insured to record appraisal does not violate appraiser’s constitutional right to privacy, as constitutional right to privacy protects persons from governmental, not private, intrusion — Possibility that making of the recording might be unfairly used to harass or intimidate the appraiser does not rise to the level of irreparable harm
45 Fla. L. Weekly D756b Insurance — Appraisal — Video and audio recording — Appeals — Certiorari — Trial court did not depart from essential requirements of the law in allowing insured to make a video and audio recording of insurer’s appraiser’s inspection of the insured property — Allowing insured to record appraisal does not […]
Insurance — Homeowners — Post-loss obligations — Action by insurer against insured after insured property suffered water damage from water leak and insured failed to comply with requests to complete sworn proof of loss or appoint an appraiser — Trial court properly dismissed breach of contract claim where complaint did not allege element of damages — Court erred in dismissing claim for specific performance of policy’s provisions — Court also erred in dismissing claim for declaratory relief seeking declaration of insurer’s coverage obligations and whether it is entitled to void policy
45 Fla. L. Weekly D754b Insurance — Homeowners — Post-loss obligations — Action by insurer against insured after insured property suffered water damage from water leak and insured failed to comply with requests to complete sworn proof of loss or appoint an appraiser — Trial court properly dismissed breach of contract claim where complaint did […]
Torts — Intentional infliction of emotional distress — Requirement of conduct so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency
45 Fla. L. Weekly D753a Torts — Intentional infliction of emotional distress — Requirement of conduct so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency SANTIAGO MEDINA and MILITZA BERNAL, Appellants, v. GENEX SERVICES and JOSANA CARDELLI, et al., Appellees. 3rd District. Case Nos. 3D18-2092 & […]
Wrongful death — Automobile accident — Vicarious liability — Damages — Insurance — Liability limitations — Action against vehicle owner arising from fatal accident caused by permissive driver — No error in entering summary judgment in favor of vehicle owner based on determination that owner’s liability was statutorily limited to $100,000, and that vehicle owner’s insurance coverage of $250,000, which was paid by owner’s insurer toward plaintiff’s claim against driver, satisfied owner’s maximum liability — Plaintiff’s argument that a vehicle owner’s policy cannot be used to both satisfy vehicle owner’s maximum liability and count towards driver’s combined policy limits is unsupported by statute’s unambiguous language — Section 324.021(9)(b)3 limits a vehicle owner’s liability to $100,000 per person if the permissive user’s combined limits are $500,000 or more, and nothing within the statute indicates that a vehicle owner’s liability cap and permissive driver’s combined limits are mutually exclusive — There is no language excluding insurance payments under a vehicle owner’s policy from the calculation of a permissive driver’s combined policy limits — Driver had combined coverage of over $500,000 when vehicle owner’s policy under which driver was a permissive user was added to driver’s three other policies
45 Fla. L. Weekly D696a Wrongful death — Automobile accident — Vicarious liability — Damages — Insurance — Liability limitations — Action against vehicle owner arising from fatal accident caused by permissive driver — No error in entering summary judgment in favor of vehicle owner based on determination that owner’s liability was statutorily limited to […]