39 Fla. L. Weekly D1374a Torts — Automobile accident — Evidence — Expert — Claim that trial court erred in admitting a physician’s testimony that surgery performed on plaintiff was unnecessary was not properly preserved for appeal by objection — Objection was required, although plaintiff had ostensibly obtained ruling on motion in limine from predecessor […]
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Worker’s Compensation Claims Professionals 23rd Annual Claims Management & Leadership Conference
Partners Robert Byelick and Deborah Eldridge presenting the Fran Brown Scholarship which our Firm is a proud sponsor. Each year, a $2,000 scholarship is awarded to a high school graduate of a WCCP member who has maintained a solid academic and civic record and has been accepted to a two or four year college or […]
Property Insurance — Federal Court Order interpreting Florida statutory definition of “structural damage” — Amendment does not apply retroactively
24 Fla. L. Weekly Fed. D367a Insurance — Property — Coverage — Sinkhole loss — Structural damage — 2011 Amendment to Chapter 627, Florida Statutes, which adopted a definition of “structural damage” to be applied when interpreting insurance policies providing coverage for sinkhole loss, does not apply retroactively to insurance policy predating the amendment to […]
Homeowners Insurance — Second DCA reverses summary judgment entered in favor of insured where issue of fact as to whether insureds timely reported claim remained
39 Fla. L. Weekly D1273c Insurance — Homeowners — Sinkhole — Error to grant summary judgment in favor of insurer on homeowners’ sinkhole claim where there was material issue of fact concerning whether insureds timely reported their loss to insurer — In considering insurer’s defense of untimely notice of claim, circuit court must follow two-step […]
Property Insurance — Trial court erred in denying Insurer’s claim for attorneys’ fees pursuant to Offer of Judgment / Proposal for Settlement on ground such Offer was not made in good faith
39 Fla. L. Weekly D1271c Attorney’s fees — Insurance — Homeowners — Proposal for settlement — Trial court used incorrect standard in determining whether insurer’s nominal proposal for settlement of insured’s claim for hurricane damage was made in good faith — Rule is that minimal offer can be made in good faith if evidence demonstrates […]