45 Fla. L. Weekly D982a 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 […]
Articles
Insurance — Homeowners — Declaratory judgment — Trial court erred in dismissing insurer’s complaint seeking declaration of rights and remedies under election to repair provision of policy and breach of contract claim that policy terms were anticipatorily repudiated by insureds, excusing further performance by insurer and allowing insurer to recover as damages its reasonable costs incurred in prosecuting lawsuit
45 Fla. L. Weekly D879b Insurance — Homeowners — Declaratory judgment — Trial court erred in dismissing insurer’s complaint seeking declaration of rights and remedies under election to repair provision of policy and breach of contract claim that policy terms were anticipatorily repudiated by insureds, excusing further performance by insurer and allowing insurer to recover […]
Torts — Landlord-tenant — Tenant’s action against landlord alleging negligence and negligent repair and seeking damages for injuries suffered by tenant when he slipped in apartment’s bathroom after water backed up in bathtub due to clogged drain — Trial court did not err in denying defendant landlord’s motion for directed verdict — Court did not err in denying defendant landlord’s motion for new trial which alleged that verdict for plaintiff was against manifest weight of evidence
45 Fla. L. Weekly D877a Torts — Landlord-tenant — Tenant’s action against landlord alleging negligence and negligent repair and seeking damages for injuries suffered by tenant when he slipped in apartment’s bathroom after water backed up in bathtub due to clogged drain — Trial court did not err in denying defendant landlord’s motion for directed […]
Insurance — Homeowners — Appraisal — Insureds’ agent/public adjuster acting as disinterested appraiser — Insurer’s petition for writ of certiorari seeking to quash trial court order allowing insureds’ agent/public adjuster to act as insureds’ disinterested appraiser — Trial court did not depart from essential requirements of law because its order followed district court’s existing precedent — Petition for writ of certiorari denied — Conflict certified — Question certified: Can a fiduciary, such as a public adjuster or appraiser who is in a contractual agent-principal relationship with the insureds and who receives a contingency fee from the appraisal award, be a disinterested appraiser as a matter of law?
45 Fla. L. Weekly D870d Insurance — Homeowners — Appraisal — Insureds’ agent/public adjuster acting as disinterested appraiser — Insurer’s petition for writ of certiorari seeking to quash trial court order allowing insureds’ agent/public adjuster to act as insureds’ disinterested appraiser — Trial court did not depart from essential requirements of law because its order […]
Civil procedure — Costs — Trial court erred in denying defendant’s motion to tax costs based on a lack of verification and on counsel’s failure to submit all relevant pleadings because there is no requirement that a motion to tax costs be verified or accompanied by an affidavit
45 Fla. L. Weekly D852a Civil procedure — Costs — Trial court erred in denying defendant’s motion to tax costs based on a lack of verification and on counsel’s failure to submit all relevant pleadings because there is no requirement that a motion to tax costs be verified or accompanied by an affidavit JOSHUA CAMPOS, […]