39 Fla. L. Weekly D1750a Torts — Premises liability — Slip and fall — Supermarket — Wet floor — Knowledge of dangerous condition — Constructive knowledge — No error in granting summary judgment in favor of defendant where plaintiff failed to prove that defendant had constructive knowledge of any alleged transitory foreign substance requiring remedial […]
Articles
Property Insurance — Trial court erred in requiring carrier to pay for subsurface repairs before insured entered into contract for such repairs in contravention of policy language tracking 627.707, Fla. Stat.
39 Fla. L. Weekly D1756a Insurance — Homeowners — Property damage — Sinkhole — Subsurface repairs — Error to order insurer to pay for subsurface repairs before homeowner entered into contract for these repairs where insurance policy contained loss settlement provision which authorized withholding of payment until homeowners entered into contract for repairs TOWER HILL […]
Property Insurance — Insureds failed to rebut presumption of prejudice arising from their breach of condition precedent to coverage
39 Fla. L. Weekly D1762b Insurance — Homeowners — Trial court did not err in entering summary judgment for insurer in insured’s action against insurer on ground that insureds breached a condition precedent to coverage by failing to submit a timely proof of loss — Insureds failed to present any evidence to rebut presumption that […]
Property Insurance — Effect of insured’s failure to file sworn proof of loss — Carrier not required to pay — Prejudice not required where insured breaches condition precedent to suit
39 Fla. L. Weekly D1760a Insurance — Property — Condominium and contents — Coverage — Conditions precedent — Sworn proof of loss — Insurer was not obligated to pay where insured failed to file sworn proof of loss, thereby materially breaching condition precedent — Insurer need not show prejudice when insured breaches condition precedent to […]
Employment Law — Disparate Pay — FMLA interference — Gender Discrimination — Retaliatory Discharge
25 Fla. L. Weekly Fed. C263a Civil rights — Employment discrimination — Family and Medical Leave Act — Equal Pay Act — COBRA — Action alleging former employer interfered with plaintiff’s right to take parental leave by forcing her to work from home immediately after she gave birth; discriminated against her on basis of gender […]