46 Fla. L. Weekly D1337b JAMES CULLEN LOWERY, III, Appellant, v. SHANE MCBEE, Appellee. 4th District. Case No. 4D20-1986. June 9, 2021. Appeal of nonfinal order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jaimie R. Goodman, Judge; L.T. Case No. 50-2020-CA-005951-XXXX-MB. Counsel: Barry Carothers of BC Law, Stuart, for appellant. […]
Articles
Insurance — Homeowners — Hurricane or windstorm loss — Coverage — Concealment or fraud — Post-loss misrepresentations — No error in denying insurer’s motion for directed verdict arguing that coverage was voided because insureds provided a sworn proof of loss based on an inflated estimate to repair the roof where there was conflicting evidence on issues of intent and materiality — Although insurer failed to plead with specificity that insureds violated “Concealment or Fraud” provision of policy by submitting sworn proof loss based on material misrepresentation, the issue was tried by consent — “Concealment or Fraud” provision is ambiguous and must be read in light most favorable to insureds — For post-loss conduct, the policy is read as requiring proof of knowing or intentional fraudulent conduct by the insureds to trigger application of “Concealment or Fraud” provision to void the policy — Mere overvaluation is not, in the absence of fraud, such a misrepresentation as will void the policy — Discussion of U.S. Fire Insurance Co. v. Dickerson, Universal Property & Casualty Insurance Co. v. Johnson, and Mezadieu v. Safepoint Insurance Co. — A reasonable jury could have concluded that the insureds did not make any material false statements in connection with the sworn proof of loss — While a statement as to value is ordinarily material, a reasonable jury could have concluded that the high initial roofing estimate was not material because it was not likely to affect the conduct or investigation of a reasonable insurer in insurer’s position
46 Fla. L. Weekly D1267a ANCHOR PROPERTY AND CASUALTY INSURANCE COMPANY, Appellant, v. ALEX TRIF and GEORGE TRIF, Appellees. 4th District. Case No. 4D20-814. June 2, 2021. Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; G. Joseph Curley, Jr., Judge; L.T. Case No. 50-2018-CA-00820-XXXX-MB. Counsel: Patrick M. Chidnese and Jessica […]
Insurance — Homeowners — Water damage — Coverage — Act of nature — No error in entering summary judgment order limiting insurer’s liability for water damage resulting from rust or other corrosion of cast iron pipes under the home based on water damage exclusion endorsement which excluded coverage for water damage caused by any act of nature — Discussion of the phrase “act of nature” — Rust and corrosion fit within the definition of “act of nature” — The phrase “act of nature” does not require an uncontrollable or unpreventable event
46 Fla. L. Weekly D1286a GENE DODGE and KATHLEEN DODGE, Appellants, v. PEOPLE’S TRUST INSURANCE COMPANY, Appellee. 4th District. Case No. 4D20-1199. June 2, 2021. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Nicholas R. Lopane, Judge; L.T. Case No. CACE-18-017062. Counsel: Mark A. Nation of The Nation Law Firm, LLP, […]
Torts — Premises liability — Slip and fall — Constructive knowledge of dangerous condition — Stacking inferences — Directed verdict — Error to deny defendant’s motion for directed verdict where plaintiff failed to present sufficient evidence that foreign substance was on the floor where she fell, or that defendant knew about it if such a substance existed — Directed verdict should issue for a defendant if a plaintiff relies upon circumstantial evidence to establish a fact, fails to do so to the exclusion of all other reasonable inferences, but then stacks further inferences upon it to establish causation — Main inference underlying the plaintiff’s case, that plaintiff slipped on an employee-caused wet spot, cannot be established to the exclusion of other reasonable inferences, and it cannot support additional inferences to establish her case — It is just as plausible and reasonable to infer that no liquid was on the floor and that the wetness plaintiff perceived came from her own flip-flops and clothes after walking into defendant’s premises out of a rainstorm
46 Fla. L. Weekly D1258a TALLAHASSEE MEDICAL CENTER, INC. d/b/a Capital Regional Medical Center, Appellant, v. STEPHANIE KEMP, Appellee. 1st District. Case No. 1D19-2437. June 1, 2021. On appeal from the Circuit Court for Leon County. Charles W. Dodson, Judge. Counsel: Daniel Nordby and Amber Stoner Nunnally of Shutts & Bowen LLP, Tallahassee, for Appellant. […]
Torts — Automobile accident — Rear-end collision — Evidence — Surveillance video — Discovery — Failure to comply — Trial court abused its discretion in allowing introduction of surveillance video and testimony of investigator who recorded video where neither video nor investigator were disclosed to defendant until three business days prior to trial — New trial required where trial court admitted evidence without considering and analyzing factors set forth by supreme court in Binger v. King Pest Control and without making appropriate findings, including whether plaintiff was prejudiced by late disclosure
46 Fla. L. Weekly D1304b ANGEL MONTERO, Appellant, v. RAUL CORZO, et al., Appellees. 3rd District. Case No. 3D20-406. L.T. Case No. 17-104. June 2, 2021. An Appeal from the Circuit Court for Miami-Dade County, Abby Cynamon, Judge. Counsel: Fischer Redavid PLLC, and Jordan S. Redavid (Hollywood), for appellant. Walton Lantaff Schroeder & Carson LLP, […]