Insurance, SinkholeInsurance, SinkholePosted February 2, 2011
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document.write("Florida Supreme Court Finds That §627.7073(1)(c) Provision That Engineer/Geologist Findings Are Presumed Correct Applies Only In The Claims Process And Does Not Create A Rebuttable Presumption Applicable To Litigation In Order To Shift Burden Of Proof To Insured
FIGA, Attorney FeesPosted January 24, 2011
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document.write("Florida Supreme Court Determines That FIGA Is Not Obligated To Pay An Attorney Fee Award Under 627.428(1), If The Underlying Policy Does Not Expressly Provide Coverage For A Section 627.428(1) Award
Insurance, SinkholePosted January 19, 2011
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document.write("Second DCA Dismisses Petition For Writ Of Certiorari In Sinkhole Case Pending Neutral Evaluation— Court Denies Motion To Lift Stay Pending Neutral Evaluation And Confirms 2010 Neutral Evaluation Statute Is Not Unconstitutional
Attorney FeesPosted December 29, 2011
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document.write("Fourth DCA Issues Second Tier Certiorari To Reverse Order Denying Attorney's Fees Insured Who Prevailed On Insurer's Counterclaim For Fraud
Insurance/UM CoveragePosted December 29, 2011
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document.write("Fifth DCA Holds That Failure To Attend Compulsory CME Is A Breach Of Condition Subsequent, Which Is An Affirmative Defense Which Insurer Has Burden To Plead And Prove And That Breach Did Not Forfeit Benefits Without Regard To Prejudice To Insurer - Also Concludes That Insurer Was Not Prejudiced By Breach Even Though It Failed To Obtain CME During 60 Day "Cure" Period Allowed Under 624.155
PIP, Insurance LawPosted December 28, 2011
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document.write("Third DCA Agrees With Fourth DCA's Kingsway Amigo Decision And Finds That Where Policy Does Not Make Specific Election To Apply Statutory Payment Limitations, Insurer Must Make Payment At 80% Of Charge
Torts, Auto AccidentPosted November 29, 2011
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document.write("Fourth DCA Denies New Trial Because Trial Court's Exclusion Of Opinions That Plaintiff's Treatment Was Not Reasonable Or Necessary Was Harmless Where Such Evidence Came In Through The Written Reports And Other Evidence
Bad Faith, DiscoveryPosted November 28, 2011
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document.write("First DCA Finds Corporate Representative's Testimony In Insurance Bad Faith Action That Issue Was Discussed With Counsel Did Not Waive Attorney Client Privilege In Regard To Defense Decisions In The Underlying Action
Civil ProcedurePosted November 23, 2011
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document.write("The Fourth DCA Held That The Trial Court's Determination That Defendants Waived Its Work Product Objections, Due To A Failure To File A Privilege Log With Its Responses To Production, Was Improper