In the case of Sompun Ruchimora v. Bernice Grullon, Case Number 3D19-753 (Fla. 3rd DCA July 15, 2020), Florida’s Third DCA held that introducing evidence of a claimant’s referral relationship with a medical provider opens the door to inferences and arguments by defense...
In the case of Liberty Mutual v. Jeffrey H. Wolfson, Case Numbers 4D18-3652 and 4D19-118 (Fla. 4th DCA June 24, 2020), Florida’s Fourth DCA held that there is a setoff for settlements when a plaintiff is covered by more than one UM policy. What Happened In The...
In the case of Owners Insurance Company v. Allstate Fire and Casualty Insurance Company and James M. Horne, Jr., Case Number 2D18-2309 (Fla. June 19, 2020), Florida’s Second DCA held that a policy providing an insured with bodily injury coverage must also provide uninsured...
In the case of Kyle Lambert v. Bruce Emerson, Cases 2D18-1872 and 2D18-4103 (Fla. 2d DCA April 1, 2020), Florida’s Second DCA held that the dangerous instrumentality doctrine did not create vicarious liability for a family member who was a bailee of a vehicle and was then...
In the case of Brian Walker, as personal representative of the Estate of Sophie C. Walker v. GEICO Inemnity Company, Case Number 4D18-3706 (Fla. 4th DCA March 25, 2020), Florida’s Fourth DCA held that an at-fault driver with coverage under four policies had more than the...
In the case of Joan Sturgill v. Jose Lucas et al, Case Number 2D18-2227 (Fla. 2d DCA February 5, 2020), Florida’s Second DCA reversed a summary judgment on liability finding that there was no duty to have trailer brakes. Facts Ms. Sturgill was waiting with her...
In the case of World Finance Group, LLC, v. Progressive Select Insurance Company, Case Number 3D18-1854 (Fla. 3rd DCA January 15, 2020), Florida’s Third DCA held that Progressive breached its policy under the “Loss Payable Clause” by failing to pay the lienholder...
In the case of Jerry Desvarieux v. Bridgestone Retail Operations, LLC, Case Number 3D17-2109 (Fla. 3rd DCA January 22, 2020), Florida’s Third DCA reversed a summary judgment in favor a Tires Plus Total Car Care and allowed the plaintiff to present evidence that he paid cash...
In the case of H. Greg Lee, personal representative of the estate of Raymond Consul, v. Mark Chmielewski, as guardian of Matthew Martin, Case Number 2D17-4275 (Fla. 2d DCA November 15, 2019), Florida’s Second DCA held that GEICO was not required to accept an offer of...
In the case of Lynn Fonger v. James Nall, Case Number 5D17-2927 (Fla. 5th DCA November 15, 2019), Florida’s Fifth DCA held that the sudden stop of an unidentified vehicle at an intersection does not rebut the rear-end presumption of negligence in Florida. Therefore, the...
In the case of Sandra Davis v. Jessica Muro consolidated with Nationwide v. Jessica Muro, Case Numbers 4D18-907 and 4D18-2824 (Fla. 4th DCA November 13, 2019), Florida’s Fourth DCA held that an insurance company losing on a proposal for settlement is required to cover attorney...
In the case of Natalie S. Deutsch v. GEICO General Insurance Company, Case Number 4D18-2714 (Fla. 4th DCA October 30, 2019), Florida’s Fourth DCA held that a mobile gym operated out of the back of a truck was not considered an uninsured vehicle for purposes of UM...
In the case of Mastec North America, Inc. and Robert W. Dumas v. Kathleen Morakis, as guardian of Manual Perez Garcia, Case Number 4D18-1321 (Fla. 4th DCA October 2, 2019), Florida’s Fourth DCA held that an accident reconstruction expert’s opinion that an impaired...
Florida’s new law banning the use of cell phones in school zones and construction zones goes into effect October 1, 2019. Section 316.306, Fla. Stat. sets out new ways for law enforcement to enforce the “Florida Ban on Texting While Driving Law” found in section...
In the case of Jose Raul Angeles-Delgado and Jessica Carillo v. Julio Costa Benitez, Case Number 3D19-1022 (Fla. 3rd DCA September 11, 2019), Florida’s Third DCA held that financial relationships between the defendant’s experts, the defendant’s law firm, and the...
In the case of the Estate of Gustavo Ramirez-Lucas v. John Hutchinson and Andrew Hutchinson, Case Number 4D18-2109 (Fla. 4th DCA August 14, 2019), Florida Fourth DCA held that a father who had executed a bill of sale to his son and removed the vehicle from his insurance policy was...
In the case of Timothy Patrick Collins v. Auto Partners V. LLC, d/b/a McGuire Chevrolet, Case Number 4D18-1855 (Fla. 4th DCA July 31, 2019), Florida’s Fourth DCA held that a written rental agreement is not required to apply the federal Graves Amendment in 49 U.S.C. Sec....
In the case of Antonio Bejarano v. City of Coral Gables, Case Number 3D17-2636 (Fla. 3rd DCA July 10, 2019), Florida’s Third DCA reversed a summary judgment in favor of the city regarding the placement of palm trees near a roadway so as to obstruct the view of...
In the case of Progressive American Insurance Company v. Nancy N. Pawelczyk, Case Number 2D18-1651 (Fla. 2d DCA May 15, 2019), Florida’s Second DCA held that a passenger in a rental vehicle was not insured for UM benefits because a temporary substitute auto was not considered...
In the case of Steven Paul Anderson v. Mary Mitchell, Case Number 2D18-2864 (Fla. 2d DCA April 5, 2019), Florida’s Second DCA held that Florida’s so-called “accident report privilege” is not a true privilege to prevent disclosure but is instead just a bar on...
