39 Fla. L. Weekly D1689b Torts — Negligence — Stormwater management — Immunity — Action by property owners against district board of trustees for state college alleging negligent design and operation of stormwater management system, which partially failed during an extraordinary rain event due to breach in pond retaining wall, resulting in overflow which ultimately […]
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Accord and Satisfaction by statute–written communication must contain conspicuous statement that instrument is tendered as full satisfaction of claim
39 Fla. L. Weekly D1679b Contracts — Accord and satisfaction — Condominiums — Where purchaser of condominium unit at foreclosure sale tendered a check to condominium association in full and final satisfaction of association’s disputed claim for past due assessments, association’s negotiation of the check resulted in an accord and satisfaction — Trial court erred […]
Motion in Limine as to duty element of negligence claim tantamount to Motion for Summary Judgment and required sufficient notice
39 Fla. L. Weekly D1604b Torts — Summary judgment — Trial court erred in effectively granting defendant’s motion for summary judgment under the guise of a motion in limine — Motion in limine was used to grant summary judgment without affording plaintiff required notice — Hearing on motion in limine may not serve as a […]
UM Policy — Breach of policy obligation to appear for post-suit IME — finding of material breach or prejudice required to support forfeiture of coverage
39 Fla. L. Weekly D1575b Insurance — Uninsured motorist — Compulsory medical examination — Failure to attend — Error to enter summary judgment in favor of insurer after insured failed to appear for medical examination without finding of material breach by insured or finding of prejudice to insurer because of insured’s noncompliance with a policy […]
Trial Court Opinion: Illusory insurance coverage; Garage policy which provided coverage for various risks not rendered illusory by exclusion for theft from unprotected lot despite carrier’s knowledge lot was unprotected at the time policy was issued
21 Fla. L. Weekly Supp. 734a Online Reference: FLWSUPP 2108SHUT Insurance — Garage policy — Illusory policy — Exclusion of coverage for theft of vehicles from unprotected lot did not render illusory a garage policy for used auto sales lot that insurer knew was an unprotected lot where the policy provided coverage for risks other […]