40 Fla. L. Weekly D941a Insurance — Homeowners — Sinkhole claim — Appraisal — Florida Insurance Guaranty Association — Although insureds did not waive appraisal by their litigation activities regarding cosmetic damages to home, trial court erred in requiring FIGA to participate in appraisal process — Questions certified: 1. Does the definition of “covered […]
Articles
Costs – Due Process Requires a Written Motion for Costs
40 Fla. L. Weekly D879a Costs — Defendant was denied due process when costs were assessed against it without a written motion for costs and without providing defendant an opportunity to be heard MEDICAL SPECIALISTS OF TAMPA BAY, LLC, Appellant, v. DAVID KELLY, Appellee. 2nd District. Case No. 2D14-1149. Opinion filed April 15, 2015. Appeal […]
Automobile Accident – Rear-End Collision – Inadmissible Evidence
Online Reference: FLWSUPP 2207FARA Torts — Automobile accident — Rear-end collision — Action for property damage brought by owner of lead vehicle against driver of following vehicle, which was itself struck from the rear by a third vehicle — Evidence — Trial court erred in allowing testimony by plaintiff, who was not present during accident […]
Insurance – CGL Policy – Duty to Defend – Joint and Several Liability for Attorneys’ Fees
Online Reference: FLWSUPP 2207CENT Insurance — Commercial general liability insurer of subcontractor responsible for window installation on construction project owed duty to defend general contractor against action for property damage caused by defects in window installation where general contractor is additional insured under policy — Insurer who did not agree to defend general contractor is […]
Discovery – Attorney Client Privilege is Not Defeated by an Opponent Showing Relevance and Necessity
40 Fla. L. Weekly D894b Civil procedure — Discovery — Attorney-client privilege — Trial court departed from essential requirements of law in compelling production of attorney-client privileged documents on basis that documents were relevant and contained information that could not reasonably be obtained from another source — Unlike the work product doctrine, attorney-client privilege […]