40 Fla. L. Weekly D368a Insurance — Exclusions — Exclusion of coverage on single-family home for losses caused by vandalism and malicious mischief, theft or attempted theft if dwelling had been vacant or unoccupied for more than thirty consecutive days excluded coverage for arson which destroyed insured home RAZIYA BOTEE, Appellant, v. SOUTHERN FIDELITY INSURANCE […]
Articles
Liability waivers – Supreme Court retreats from requirement of specific language releasing party from liability for its own negligence
40 Fla. L. Weekly S79a Torts — Negligence — Releases — Exculpatory clause — An exculpatory clause is not ambiguous and, therefore, ineffective simply because it does not contain express language releasing a defendant from liability for his or her own negligence or negligent act STACY SANISLO, et al., Petitioners, v. GIVE KIDS THE WORLD, […]
Homeowners’ Insurance – Neither statute, nor “suit against us” provision of policy make completion of neutral eval a precondition to filing suit
40 Fla. L. Weekly D310a Insurance — Homeowners — Sinkhole claim — Neutral evaluation is not a presuit requirement — Statute does not preclude filing of lawsuit during pendency of neutral evaluation process — Trial court erred in finding that insured was required to participate in and complete neutral evaluation process before filing suit and […]
Automobile Liability Insurance – Coverage for attorneys’ fees taxed against insured pursuant to OJ / PFS
40 Fla. L. Weekly D308a Insurance — Automobile liability — Coverage — Attorney’s fees — Under “Additional Payments” provisions of policy, which provided that insurer would pay all court costs charged to an insured in a covered lawsuit, insurer was obligated to pay attorney’s fees assessed against its insured pursuant to offer of judgment statute […]
Appellate Practice – Non-substantive amendment to judgment which results in an “Amended Judgment” does not alter the 30 day window of time for filing notice of appeal
40 Fla. L. Weekly D268a Dissolution of marriage — Alimony — Appeals — Timeliness — Husband’s appeal of award of durational alimony to wife was not timely where notice of appeal was filed more than 30 days after rendition of order — Time for filing notice of appeal commenced on date of original judgment, not […]
