39 Fla. L. Weekly D927a Torts — Battery — Vicarious liability — Employer’s liability for intentional acts of employee — Plaintiff alleging he was battered by store employee in an altercation which arose when employee began reshelving items in plaintiff’s shopping cart, which employee thought was abandoned, and culminated in employee shoving plaintiff, causing him […]
Articles
Premises Liability — Transitory Foreign Substance — First DCA notes no clear legislative intent for statute to apply retroactively
39 Fla. L. Weekly D922a Torts — Premises liability — Slip and fall on slippery substance on dance floor of defendant country club — Trial court erred in entering summary judgment for defendant where there was testimony that patrons routinely took drinks onto dance floor, which commonly resulted in spills on dance floor — Such […]
Automobile insurance — Third DCA affirms summary judgment finding no coverage based upon expiration of policy
39 Fla. L. Weekly D909b Insurance — Automobile liability — Trial court properly found that there was no coverage under policy where policy had expired — Insurer complied with requirement that it provide notice of payment due in advance of due date, advising insured that renewal premium was due in order to maintain policy in […]
Trial Court Order: Hillsborough County Circuit Court permits amendment of UM complaint to state a premature cause of action for bad faith; stays bad faith count
21 Fla. L. Weekly Supp. 419a Online Reference: FLWSUPP 2105MEZA Insurance — Uninsured motorist — Complaint — Amendment — Motion to amend complaint to add count for bad faith handling of UM claim and action for declaratory judgment seeking to establish plaintiff’s total damages arising from accident is granted, but bad faith claim is stayed […]
Trial Court Order: Insurer entitled to attorneys’ fees based upon$1.00 Offer of Judgment / Proposal for Settlement
21 Fla. L. Weekly Supp. 431a Online Reference: FLWSUPP 2105ROME Insurance — Personal injury protection — Attorney’s fees — Offer of judgment — Where medical provider rejected insurer’s $1.00 offer of judgment in PIP suit in which insurer raised affirmative defense that demand letter was not sent to designated recipient, provider sent second demand letter […]