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 […]
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Trial Court Order — litigant may not overcome summary judgment by filing an affidavit which repudiates prior sworn testimony
21 Fla. L. Weekly Supp. 841a Online Reference: FLWSUPP 2108RAYM Debt collection — Summary judgment — Affidavit in opposition to defendant’s motion for summary judgment is stricken, as affidavit directly contradicts deposition testimony of plaintiff’s corporate representative — Evidence — Hearsay — Exceptions — Business records — Plaintiff has failed to demonstrate strict compliance with […]
Trial Court Order — Medical provider permitted to question insurer about reimbursement levels in the community
21 Fla. L. Weekly Supp. 810a Online Reference: FLWSUPP 2108RAMI Insurance — Personal injury protection — Discovery — Depositions — At deposition of insurer’s corporate representative, medical provider may inquire as to reimbursement levels in community as reflected by amounts insurer has paid other similarly placed providers in community — Insurer is required to bring […]
Workers’ Comp — Compensability of purported work-related heart condition — treatment for condition previously deemed non-compensable
39 Fla. L. Weekly D1483a Workers’ compensation — Compensable accidents — Heart disease — Law enforcement officer — New period of disability arising out of treatment of non-compensable cardiac condition — Res judicata — Collateral estoppel — Both law and competent substantial evidence support judge of compensation claims’ conclusion that claimant’s cardiac condition on new […]
Insurance Coverage — Property insurer’s duty to defend homeowner for negligent supervision claim; fact question whether claim arose from her “ownership” of community pool
39 Fla. L. Weekly D1491c Insurance — Liability — Duty to defend and indemnify — Declaratory judgment — Error to enter summary judgment finding that insurer which issued commercial general liability policy and umbrella policy to residential community association had duty to defend and indemnify individual association member in wrongful death action alleging member negligently […]