45 Fla. L. Weekly D1091a Insurance — Homeowners — Claim for water damage — Summary judgment — Where insurer moved for summary judgment in insureds’ action to recover for water damage to home based on affidavits and reports of experts who gave opinion that water damage was due to wear and tear and not covered […]
Articles
Appeals — Order denying leave to amend pleadings is nonfinal, nonappealable order
45 Fla. L. Weekly D1055a Appeals — Order denying leave to amend pleadings is nonfinal, nonappealable order MICHAEL ZUPPARDO, Appellant, v. J.H. INVESTMENTS, INC.; DANIEL PREWETT; M.P.L.; S AND P; and DUNLAP AND MORAN, P.A., Appellees. 2nd District. Case No. 2D18-2302. Opinion filed May 1, 2020. Appeal from the Circuit Court for Sarasota County; Hunter […]
Torts — Premises liability — Slip and fall — Transitory substance on floor — Constructive notice — Evidence that there was dirty water on floor with muddy footprints and a separately located skid mark, together with circumstantial evidence which would support inference that no inspection of bathroom was conducted during the entirety of the day plaintiff fell, was sufficient to create genuine issues of material fact as to defendants’ constructive knowledge of dangerous condition — Trial court erred in granting summary judgment in favor of defendants
45 Fla. L. Weekly D1021a Torts — Premises liability — Slip and fall — Transitory substance on floor — Constructive notice — Evidence that there was dirty water on floor with muddy footprints and a separately located skid mark, together with circumstantial evidence which would support inference that no inspection of bathroom was conducted during […]
Insurance — Breach of contract — Summary judgment — Error to grant final summary judgment in favor of insurer on grounds that suit was premature where insurer admitted coverage under the policy
45 Fla. L. Weekly D907a Insurance — Breach of contract — Summary judgment — Error to grant final summary judgment in favor of insurer on grounds that suit was premature where insurer admitted coverage under the policy PATRICIA SKENE a/k/a TRICIA SKENE, Appellant, v. AVATAR PROPERTY & CASUALTY INSURANCE COMPANY as successor in interest to […]
Insurance — Homeowners — Agents and representatives — Repairmen — No error in finding that handyman and water restoration employees who performed home repairs for which the insureds sought coverage were not required to be produced for examinations under oath — Handyman and water restoration employees were not the insureds’ “agents” or “representatives” as those terms were used in the policy — Furthermore, to extent policy is considered uncertain, court is compelled to construe interpretation against insurer
45 Fla. L. Weekly D966a Insurance — Homeowners — Agents and representatives — Repairmen — No error in finding that handyman and water restoration employees who performed home repairs for which the insureds sought coverage were not required to be produced for examinations under oath — Handyman and water restoration employees were not the insureds’ […]