News Room

News Room

Case Update

June 2, 2017 Dear Ladies/Gentlemen: This month we would like to share with you some recent opinions of the Florida District Courts of Appeals which may be of interest to you. In Delores ARP v. Waterway East Association Inc., the Fourth District Court of Appeal found that a commercial land owner did not breach any […]

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“Coverage” Case Law Update

February 17, 2017 Dear Ladies/Gentlemen: This month we would like to share with you some recent opinions of the Florida District Courts of Appeal and Florida Supreme Court, which may be of interest to you. In Wells Fargo v. Pruco Life Insurance, the Supreme Court of Florida found that under Florida Statute 627.455 a policy that […]

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Judge’s Failure to Exercise Gatekeeping Function in Admitting Expert Testimony * Third Party Beneficiary Doctrine Does Not Bind Resident to Arbitration Clause * Social Media and Juror Misconduct

Dear Ladies/Gentlemen: This month we would like to share with you some recent opinions of the Florida District Courts of Appeal and Florida Supreme Court, which may be of interest to you. In Crane Co. v. Delisle, the Fourth District Court reversed and remanded a Florida Circuit Court’s judgment and held that the trial court abused […]

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Contingency Fee Multiplier in Calculating Attorney’s Fees Denied in Coverage Situation * Ambiguity in Offeror’s Proposal For Settlement Reverses Verdict * Policy’s Failure to Provide Uninsured Motorist Coverage Did Not Conflict with Florida’s Underinsured Vehicles Statute

                                                             September 29, 2016 Ladies/Gentlemen:          This month we would like to share with you some recent opinions of the Florida District Courts of Appeal which may be of interest to you.             In Florida Peninsula Insurance Company v. Wagner, the Second District Court concluded that the circuit court erroneously applied a […]

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Tort Update – July 15, 2016

  July 15, 2016 Dear Ladies/Gentlemen: This month we would like to share with you some recent opinions of the Florida District Courts of Appeal which may be of interest to you. EXECUTIVE SUMMARY             In Dominguez v. Publix Super Markets, Inc., 187 So. 3d 892 (Fla. 3d DCA 2016), reh’g denied (Mar. 28, 2016), […]

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Case Law Update

May 24, 2016 Dear Ladies and Gentlemen:             The Florida Supreme Court and the Florida District Courts of Appeal have recently issued several opinions that may be of interest to you. EXECUTIVE SUMMARY             In Doctors Co. v. Thomas, the Second District Court of Appeal granted a petition for writ of certiorari and quashed a […]

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Special Bad Faith Update – March 2016

March 7, 2016 SPECIAL BAD FAITH UPDATE Dear Ladies and Gentlemen: This correspondence is to advise you of an important recent decision by the Florida Supreme Court which held that: (1) an insured is entitled to a determination of liability and the full extent of his or her damages in the UM action before filing […]

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Court Ordered Disclosure of Cell Phone Names Violates 5th Amendment * Recovery for Slip and Fall Requires More Than Allegation * Pedestrian at Fault for Collision with Vehicle

February 16, 2016 Ladies/Gentlemen: This month we would like to share with you some recent opinions of the Florida District Courts of Appeal which may be of interest to you. In Restrepo v. Carrera, the Third District Court concluded that requiring a party to disclose cell phone numbers and names violated that party’s Fifth Amendment […]

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Award of Attorney Fee Multiplier Limited to Rare Circumstances * Settlement with Insured Not a Confession of Judgment Unless Insured was Forced to File Suit * Insurer Has No Duty to Enter Into a Consent Judgment in Excess of the Policy Limits

December 17, 2015  Dear Ladies and Gentlemen: The Florida District Courts of Appeal have recently issued several opinions concerning coverage that may be of interest to you. EXECUTIVE SUMMARY  In Federated Nat. Ins. Co. v. Joyce, the Fifth District Court of Appeal reversed the application of a multiplier to a lodestar figure award of attorneys’ […]

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A Physical Abuse Exclusion Sufficient to Bar Coverage for Shooting * Improper to Compel Post-Accident Photos Based Solely on Relevance * Successful Offeror of a Proposal for Settlement Entitled to Attorney Fees Absent Finding of a Bad Faith Offer * Right to Equitable Subrogation Arises When Judgment Entered Against Tortfeasor or When Payment Has Been Made

October 15, 2015 Dear Ladies and Gentlemen: This month we would like to share with you some recent opinions from the Florida District Courts of Appeal that may be of interest to you. In Miglino v. Universal Property & Cas. Ins. Co., the Fourth District Court of Appeals found that a physical abuse exclusion barred […]

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