40 Fla. L. Weekly D504a Insurance — Homeowners — Supplemental claim to hurricane damages — Appraisal — Trial court did not abuse discretion in finding that insureds had complied with their post-loss obligations under policy, and ordering appraisal of claim STATE FARM FLORIDA INSURANCE COMPANY, Appellant, vs. MIGUEL AND GRACIELA CARDELLES, Appellees. 3rd District. Case […]
Articles
Federal Court – Employment discrimination – Termination of of commercial driver diagnosed with alcoholism
25 Fla. L. Weekly Fed. C859a Employment discrimination — Americans with Disabilities Act — Family Medical Leave Act — No error in entering summary judgment in favor of former employer who dismissed plaintiff from employment as commercial truck driver after plaintiff was diagnosed as suffering from alcoholism — Employer did not violate ADA by terminating […]
Premises Liability – Errors warranting new trial – discovery violations – jury misconduct
40 Fla. L. Weekly D402a Torts — Premises liability — Trip and fall — New trial — Trial court did not abuse discretion by granting new trial after jury verdict for defendant based upon finding that defendant had destroyed evidence, that defendant had violated court orders, that defendant had engaged in material, willful discovery violations […]
Insurance Coverage – Material Misrepresentation – Confession of coverage
40 Fla. L. Weekly D442a Insurance — Automobile — Rescission — Material misrepresentations on application — Identity of owner of vehicle — Trial court properly found that claimant made material mispresentations in insurance application, warranting rescission of policy, by misrepresenting that she was registered owner of vehicle — Trial court erred in failing to consider […]
FIGA – Homeowners’ Insurance – Sinkhole Coverage – Right to appraisal – Determination of Covered Claim
40 Fla. L. Weekly D354c Insurance — Homeowners — Sinkhole claims — Appraisal — Florida Insurance Guaranty Association — Trial court erred in requiring FIGA to participate in appraisal process — Scope of FIGA’s liability for sinkhole loss is determined by statutory definition of “covered claim” at time insurer was adjudicated insolvent rather than definition […]
