39 Fla. L. Weekly D2190e Insurance — Commercial property — Sinkhole claim — Appraisal — Trial court erred in determining that appraisal clause in policy was unenforceable because policy provided that insurer retained right to deny claim following appraisal — Dispute over method of repair required to return property to its original state is subject […]
Articles
Fourth DCA clarifies burden of party seeking relief from technical admissions of Requests for Admissions; Scope of case law precluding a party from opposing summary judgment via affidavit repudiating prior testimony
39 Fla. L. Weekly D2178a Insurance — Civil procedure — Relief from technical admissions — Circuit court, in affirming county court’s final summary judgment against insurer who had inadvertently filed a response to chiropractic facility’s request for admissions but promptly moved for relief, violated a clearly established principle of law, resulting in a miscarriage of […]
Workers’ Compensation — Improper denial of claim for reimbursement of medical expenses and other benefits
39 Fla. L. Weekly D2152a Workers’ compensation — Judge of compensation claims erred in denying claim for reimbursement of medical expenses, mileage, and co-payments incurred by claimant for follow-up treatment received after accident on ground that claimant failed to request this medical care where claimant’s supervisor was aware of claimant’s injury, but employer failed to […]
Trial Court Order allowing Defense expert to inspect cell phone of decedent in wrongful death action not a privacy violation
39 Fla. L. Weekly D2149a Wrongful death — Automobile accident — Discovery — Cell phone — Trial court did not depart from essential requirements of law in entering order permitting defendants’ expert to inspect decedent’s cell phone data from day of accident where defendants’ motion to inspect the cell phone was supported by specific evidence […]
Homeowners’ Insurance — Second DCA upholds Summary Judgment in favor of FIGA
39 Fla. L. Weekly D2134a Insurance — Homeowners — Sinkhole claim — Florida Insurance Guaranty Association — Limitation of actions — Trial court properly entered summary judgment for FIGA in insureds’ breach of contract and declaratory judgment action on ground that action was barred by one-year statute of limitations MADELINE BETANCOURT and NIVIA MALGAREJO, Appellants, […]
