News Room

News Room

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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SPECIAL BAD FAITH UPDATE

August 21, 2015 SPECIAL BAD FAITH UPDATE Dear Ladies and Gentlemen: This correspondence is to advise you of an important recent decision by the Eleventh Circuit United States Court of Appeals which vacated a final judgment finding that the United States District Court for the Southern District of Florida erred as a matter of law […]

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Prejudice Is Measured By Whether Insurer Was Denied Opportunity To Evaluate Breach Of Insured * Partial Final Judgment In Dec Action Determining Duty To Defend But Not Indemnify Not Appealable Non-Final Order * Modification Of Policy Coverage By Wife Of Named Insured May Be Binding If Deemed To Be Agent Of Insured

August 19, 2015 CASE LAW UPDATE 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 Depositors Insurance Company v. CC &C of Lake Mary, LLC, the Fifth District Court of Appeal reversed a summary judgment order in […]

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Tort Update

June 17, 2015 Dear Ladies and Gentlemen: We would like to share with you some recent opinions from the Florida District Courts of Appeal and the Florida Supreme Court that may be of interest to you. In Miley v. Nash[1], the Second District Court of Appeals found that a proposal for settlement was not invalid […]

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CASE LAW UPDATE – APRIL 15, 2015

 April 15, 2015 CASE LAW UPDATE Dear Ladies and Gentlemen: The Florida Supreme Court and the Florida District Courts of Appeal have recently issued several opinions concerning coverage and bad faith that may be of interest to you. EXECUTIVE SUMMARY In Whritenour v. Thompson, 145 So.3d 870 (Fla. 2d DCA 2014), the Second District Court […]

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CASE UPDATE

 March 23, 2015 CASE LAW UPDATE Dear Ladies and Gentlemen: This correspondence is to advise you of a recent and important decision from the Eleventh Circuit United States Court of Appeals which reversed a decision from the United States District Court for the Middle District of Florida holding that the term “structural damage” as stated […]

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