47 Fla. L. Weekly D1546a NEXUSVC and FIRST HEALTH SOLUTIONS, LLC, Petitioners, v. HIEG PARTNERS, LLC, et al., Respondents. 3rd District. Case No. 3D22-635. L.T. Case No. 20-20667. July 20, 2022. On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade County, David C. Miller, Judge. A Case of Original Jurisdiction Prohibition. Counsel: […]
Articles
Torts — Premises liability — Trip and fall — Foreign corporations — Jurisdiction — Contracting to insure property — Action stemming from injuries plaintiff suffered as result of tripping over a step at plaintiff’s rented apartment — Trial court erred by denying defendant’s motion to dismiss for lack of personal jurisdiction — Defendant’s purchase of a policy in which an insurance company agreed to insure property owned by another entity in which defendant held an interest did not confer jurisdiction over defendant under section 48.193(1)(a) — Statute’s plain language requires the defendant to be an insurer — Fact that defendant’s investment portfolio included domestic entity which owned the property did not implicate long arm statute for plaintiff’s claim — Moreover, circuit court made no finding that its assertion of jurisdiction over nonresident defendant would not offend Due Process Clause
47 Fla. L. Weekly D1475a HUDSON CAPITAL PROPERTIES IV, LLC, Appellant, v. ODICHO IECHO and WESTDALE WATERCHASE, LLC, Appellees. 2nd District. Case No. 2D21-4021. July 8, 2022. Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for Pinellas County; Patricia A. Muscarella, Judge. Counsel: Thamir A.R. Kaddouri, Jr., and Penelope T. Rowlett […]
Real property — Easements — Violation — Damages — Lost profits — Trial court erred in awarding plaintiff damages for lost profits after finding that defendant had violated plaintiff’s valid easement by unilaterally removing plaintiff’s hotel signage from side of the road — Damages award was improper where plaintiff adduced evidence of only its revenues without offering any evidence of its expenses or any discernible basis for its projections
47 Fla. L. Weekly D1480a BASS VENTURE CORPORATION, a Florida corporation; and BASS MANAGEMENT GROUP, LLC, a Delaware limited liability company, doing business in Florida as Bass Venture Management Group, LLC, Appellants, v. DEVOM, LLC, a Florida limited liability company, Appellee. 2nd District. Case No. 2D20-2725. July 8, 2022. Appeal from the Circuit Court for […]
Insurance — Bad faith — Failure to settle — Jury instructions — Refusal to give requested instruction — District abused discretion in instructing jury on bad faith resulting from the failure to settle a claim when the court omitted Florida law providing that bad faith is also present when an insurance company fails to advise an insured about settlement offers and likely litigation outcomes — Refusal to give requested instruction on a failure-to-advise theory of bad faith was an abuse of discretion, where requested instruction correctly stated the legal basis for a failure-to-advise theory of liability under applicable Florida law, the proposed instruction dealt with an issue properly before the jury, and the district court’s failure to give the proposed instruction caused prejudicial harm — District court did not abuse its discretion in answering jury’s question during deliberations as to whether the bad faith claim encompassed the full length of time after the accident or only the time after plaintiff’s attorney sent the settlement offer — District court’s answer that the jury should consider the “totality of the circumstances” was a correct statement of Florida law providing that “the question of whether an insurer has acted in bad faith in handling claims against the insured is determined under the ‘totality of the circumstances’ standard”
29 Fla. L. Weekly Fed. C1328a DUSTIN C. BRINK, Plaintiff-Appellant, v. DIRECT GENERAL INSURANCE COMPANY, Defendant-Appellee. 11th Circuit. Case No. 21-11070. June 28, 2022. Appeal from the U.S. District Court for the Middle District of Florida (No. 8:19-cv-02844-JSM-AEP). (Before JILL PRYOR, GRANT, and ANDERSON, Circuit Judges.) (GRANT, Circuit Judge.) Dustin Brink was seriously injured in […]
Insurance — Bad faith — Civil remedy notice — Cure period — Tolling — Trial court erred by finding that sixty-day cure period, which began to run when plaintiff filed its CRN, was tolled once insurer invoked appraisal provision of policy, and that insurer’s timely payment of appraisal award cured any claim of bad faith — Invocation of appraisal provision after a CRN has been filed does not toll, as a matter of law, the sixty-day cure period until appraisal has concluded — Error to find that CRN did not comport with statutory specificity requirement — CRN allegations that insurer had suggested numerous “half-cures” to resolving the damage claim; made “lowball” offers as a precursor to invoking the appraisal process in order to cause additional delay; and received an invoice from plaintiff that detailed the actual work performed with a specific amount necessary to resolve the claim, were sufficient
47 Fla. L. Weekly D1423c APEX ROOFING AND RESTORATION, LLC A/A/O JAMES DERRICK, Appellant, v. STATE FARM FLORIDA INSURANCE COMPANY, Appellee. 5th District. Case No. 5D21-1919. L.T. Case No. 2020-CC-001461-O. Opinion filed July 1, 2022. Appeal from the County Court for Orange County, Tina Caraballo, Judge. Counsel: Ramil A. Kaminsky and Nicola Mitry, of RAK […]