47 Fla. L. Weekly D277a MARCO HUERTAS and MIOZOTI HUERTAS, Appellants, v. AVATAR PROPERTY & CASUALTY INSURANCE COMPANY, Appellee. 4th District. Case No. 4D21-953. January 26, 2022. Appeal from the County Court for the Fifteenth Judicial Circuit, Palm Beach County; Frank S. Castor, Judge; L.T. Case No. 50-2018-CC-004631-XXXX-MB. Counsel: Monique A. Low of David Low […]
Articles
Insurance — Homeowners — Discovery — Underwriting manual — Appeals — Certiorari — Trial court did not depart from essential requirements of the law by compelling discovery of underwriting manuals in effect when insurer issued or renewed subject policy — There is no categorical rule prohibiting discovery of underwriting manuals in breach of contract cases
47 Fla. L. Weekly D299a PEOPLE’S TRUST INSURANCE COMPANY, Petitioner, v. THEODORE R. FOSTER, Respondent. 1st District. Case No. 1D21-845. January 26, 2022. Petition for Writ of Certiorari — Original Jurisdiction. Counsel: Patrick M. Chidnese, of Bickford & Chidnese, LLP, Tampa; Daniel J. Maher, of Cole, Scott, & Kissane P.A., Miami; Brett R. Frankel, and […]
Insurance — Coverage — Denial — Concealment or fraud — False post-loss statements relating to insurance — Error to enter summary judgment in favor of insurer based on determination that insured had forfeited her coverage by making “false statements relating to the insurance” when she failed to disclose prior similar insurance claims, which insured argues she forgot — Term “false statement” in post-loss context includes an element of intent to mislead which, in this case, involves a genuine issue of material fact
47 Fla. L. Weekly D171a YOLANDA VARGAS, Appellant/Cross-Appellee, v. SAFEPOINT INSURANCE COMPANY, Appellee/Cross-Appellant. 3rd District. Case No. 3D19-1656. L.T. Case No. 17-12003. January 12, 2022. An Appeal from the Circuit Court for Miami-Dade County, Reemberto Diaz, Judge. Counsel: Giasi Law, P.A., and Melissa A. Giasi and Erin M. Berger (Tampa), for appellant/cross-appellee. Bickford & Chidnese, […]
Insurance — Attorney’s fees — Prevailing party — Timeliness of motion — Appeals — Non-final orders — Trial court erred in denying insured’s motion for prevailing party attorney’s fees based on determination that motion was untimely under rule 1.525 — Although insurer’s payment of the claim plus statutory interest triggered entitlement to attorney’s fees under section 627.428, insurer’s filing of a confession of judgment, by itself, is not the functional equivalent of a “judgment that concludes the action” within the meaning of rule 1.525 which triggers the rule’s thirty-day time period for service of a motion seeking attorney’s fees — Because insurer’s confession filing did not constitute a judgment and no final judgment has been entered by the trial court, the challenged order is interlocutory and the appeal must be dismissed for lack of jurisdiction
47 Fla. L. Weekly D173a EDITH GARRIDO, Appellant, v. SAFEPOINT INSURANCE COMPANY, Appellee. 3rd District. Case No. 3D21-151. L.T. Case Nos. 17-16701 CC & 20-150 AP. January 12, 2022. An Appeal from the County Court for Miami-Dade County, Lody Jean, Judge. Counsel: Giasi Law, P.A., and Melissa A. Giasi and Erin M. Berger (Tampa), for […]
Torts — Automobile accident — Vicarious liability — Dangerous instrumentality doctrine — Graves Amendment — Action brought against car dealership which owned loaner vehicle involved in underlying accident between dealership’s customer and plaintiff — Error to find that defendant was immune from liability under the federal Graves Amendment — Plain meaning of the phrase “rents or leases” used in Graves Amendment does not encompass a dealership’s gratuitous provision of a loaner vehicle — Mere fact that dealership built the cost of its complimentary loaner vehicle into purchase price or service charges did not create a rent or lease contract — A transaction involving the provision of a complimentary loaner vehicle is not a rental or lease transaction where no money or other consideration is identified by the parties at the time of the transaction; the purported lessee was not made aware he was entering into a lease; and where there is no indicia of a lease agreement, oral or written
47 Fla. L. Weekly D150b NATASHA ROMERO, Appellant, v. FIELDS MOTORCARS OF FLORIDA, INC., STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., ALLSTATE INSURANCE CO., AND GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellees. 5th District. Case No. 5D20-1819. L.T. Case No. 2017-CA-001647. Opinion filed January 7, 2021. Appeal from the Circuit Court for Orange County, Patricia Strowbridge, Judge. Counsel: […]