39 Fla. L. Weekly D659b Workers’ compensation — Administrative law — Penalties — Late payment of compensation — Department of Financial Services had jurisdiction to impose workers’ compensation-related administrative penalty against school board for late payments discovered during audit of claims-handling practices for multiyear period without first referring case to judge of compensation claims where […]
Articles
Homeowners’ Insurance: Trial Court erred in compelling appraisal prior to appropriate resolution of coverage disputes
39 Fla. L. Weekly D629a Insurance — Homeowners — Water damage as result of roof leak — Appraisal — Error to grant insureds’ motion to compel appraisal without first resolving underlying coverage disputes in procedurally proper manner — To extent trial court’s order found coverage for loss, that ruling was not supported by competent evidence […]
627.428 Attorneys’ Fee Statute does not apply to UM carriers absent a dispute over whether the policy provides coverage
39 Fla. L. Weekly D627a Attorney’s fees — Insurance — Uninsured motorist — No error in denying plaintiff’s request for attorney’s fees after insurer voluntarily paid remainder of plaintiff’s UM claim where plaintiff’s prayer for relief included demand for reasonable attorney’s fees pursuant to sections 627.428 and 627.727(8) — Statutes at issue do not apply […]
Time for serving Motion for Additur runs from date verdict is returned, not date judgment is entered
39 Fla. L. Weekly D624a Insurance — Uninsured motorist — Damages — Additur — Denial — Appeals — Jurisdiction — Motion for additur was not timely served under rule 1.530(b) where it was not filed with trial court until 19 days after return of jury verdict — Untimely motion for additur did not suspend rendition […]
Recent Developments in Co-Owner Vicarious Liability By Martin G. Deptula, Esq. Published in “Paraclete,” The Magazine for the Legal Professional, April 2014 In Ortiz v. Regalado, 113 So.3d 57 (Fla. 2d DCA 2013), the Second DCA addressed the issue of vicarious liability amongst vehicle co-owners. Mr. Ortiz jointly owned a motor vehicle with his […]