21 Fla. L. Weekly Supp. 572a Online Reference: FLWSUPP 2106COOP Insurance — Personal injury protection — Standing — Assignment — Valid assignment and equitable assignment provide medical provider with standing — Payment of policy proceeds after suit was filed is functional equivalent of confession of judgment EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLP as assignee of […]
Articles
Statutory cap on damages available against vicariously-liable vehicle owner not applicable to vehicle consigner
39 Fla. L. Weekly D1055a Wrongful death — Automobile accident — Dangerous instrumentality doctrine — Damages — Where defendant had consigned his vehicle to party who was driving vehicle at time of accident, it was error to limit defendant’s liability for noneconomic damages to $100,000 pursuant to statute which limits award of noneconomic damages against […]
OJ / PFS made by one defendant, but requiring execution of a release naming three defendants, was not ambiguous
39 Fla. L. Weekly D1075a Attorney’s fees — Proposal for settlement — Error to deny award of attorney’s fees to defendant on ground that proposals for settlement were ambiguous and unenforceable — Proposals were not rendered ambiguous by fact that body of proposals stated that one defendant would be released if releases were signed, whereas […]
Workers’ Compensation — Death of employee intentionally struck by assailant was compensable
39 Fla. L. Weekly D1021a Workers’ compensation — Compensable accidents — Murder — Death of store manager following injuries sustained when, as he was gathering shopping carts in employer’s parking lot at night, he was struck by car driven by a criminal assailant who had planned the attack in reaction to decedent’s allegedly sexually harassing […]
FIGA — Scope of Guaranty Association’s liability
39 Fla. L. Weekly D1002a Insurance — Homeowners — Florida Insurance Guaranty Association — Covered claims — Scope of FIGA’s liability is properly determined by statutory definition of “covered claim” in effect at time insurer is adjudicated insolvent, rather than time when policy was executed or when loss occurred — Under more restrictive statutory definition […]