45 Fla. L. Weekly D544a Insurance — Homeowners — All risks policy — Water damage — Breach of contract claim filed against insurer alleging that pool’s leaking drain pipe caused damages covered under policy — Trial court erred in granting summary judgment in favor of insurer based on finding that policy’s water damage exclusion barred […]
Articles
Appeals — Certiorari — Discovery orders — Trial court departed from essential requirements of law by compelling non-profit “watchdog group” that challenged certain development orders issued by city to disclose identity, contact information, and property address of all its members and supporters who would be adversely affected by the development orders for purpose of enabling city to establish plaintiff’s standing to sue
45 Fla. L. Weekly D540a Appeals — Certiorari — Discovery orders — Trial court departed from essential requirements of law by compelling non-profit “watchdog group” that challenged certain development orders issued by city to disclose identity, contact information, and property address of all its members and supporters who would be adversely affected by the development […]
Insurance — Property damage — Trial court erred in entering summary judgment in favor of insurer where there were genuine issues of material fact as to whether property sustained physical damage consistent with reported loss and the cause of any damage
45 Fla. L. Weekly D510d Insurance — Property damage — Trial court erred in entering summary judgment in favor of insurer where there were genuine issues of material fact as to whether property sustained physical damage consistent with reported loss and the cause of any damage SUZZETTE OTTEY, Appellant, v. CITIZENS PROPERTY INSURANCE CORPORATION, Appellee. […]
Insurance — Discovery — Trial court improperly required insurer to produce all documents in field adjuster’s claim file created prior to date coverage was denied
45 Fla. L. Weekly D510a Insurance — Discovery — Trial court improperly required insurer to produce all documents in field adjuster’s claim file created prior to date coverage was denied ANCHOR PROPERTY AND CASUALTY INSURANCE COMPANY, Petitioner, v. MIGUEL YANES and SISY NOAL-YANES, Respondents. 3rd District. Case No. 3D20-331. L.T. Case No. 18-7762. March 4, […]
Torts — Premises liability — Slip and fall — Jury instructions — Adverse inference — Spoilation of evidence — No abuse of discretion in denying motion for adverse inference jury instruction following defendant’s purported spoilation of evidence by failing to direct its surveillance at the scene of the fall, preserve the sack of rice which created the dangerous condition, maintain inspection logs, or identify unknown employee who swept the scene — Spoilation jurisprudence does not sanction punishment for the failure to create evidence and thus the mere fact that the area of the fall remained unmonitored by either camera or logged inspection cannot serve as a basis for relief — It cannot be said that failing to retain the bag of rice constituted spoilation where, although notification of potential litigation triggers the obligation to preserve crucial evidence, record contains only conjecture as to the fate of the bag of rice — Moreover, any value associated with retention of the bag was speculative where condition of the bag was readily observable and uniformly described by all witnesses — Given lack of formal discovery regarding unidentified employee shown sweeping up scene in plaintiff’s photograph, there is no indication that trial court overstepped its authority in tacitly rejecting any evidence of nefarious intent in defendant’s failure to disclose identity of employee
45 Fla. L. Weekly D506a Torts — Premises liability — Slip and fall — Jury instructions — Adverse inference — Spoilation of evidence — No abuse of discretion in denying motion for adverse inference jury instruction following defendant’s purported spoilation of evidence by failing to direct its surveillance at the scene of the fall, preserve […]