In the case of Samantha Elaine Tsuji v. H. Bart Fleet, Case Number 1D20-901 (Fla. 1st DCA August 4, 2021), Florida’s First DCA held that sections 733.702(5) and 733.710(1) of Florida’s Probate Code barred claims brought after more than 2 years after the...
In the case of Alberta Ellison v. Randy Willoughby, Case Number 2D19-1961 (Fla. 2d DCA June 11, 2021), Florida’s Second DCA held that a tortfeasor does not get a setoff for bad faith on the part of the injured person’s insurance company. Facts of the...
In the case of GEICO Indemnity Company v. Brian Walker, et al, Case Number 4D20-764 (Fla. 4th DCA May 12, 2021), Florida’s Fourth DCA held that a vehicle to which the driver had been given open permission without restriction to use was not covered because it was...
In the case of Estate of Walls v. Southern Owners, Case Number 1D20-1422, Fla. 1st DCA (March 31, 2021), Florida’s First DCA held that an escape clause in a not-for-profit’s corporate policy meant that no automobile liability coverage is provided under the...
In the case of Flania Belt v. USAA Casualty Insurance Company, Case Number 4D20-339 (Fla. 4th DCA March 10, 2021), Florida’s Fourth DCA held that it was not error for the trial judge to instruct the jury that multiple impacts can constitute one accident if there is one...
In the case of Jean Carlos Salazar v. Miguel Rogelio Gomez, Case Number 3D19-1448 (Fla. 3rd DCA February 17, 2021), Florida’s Third DCA reinstated a verdict for the plaintiff after it had been set aside after a trial based on an inconsistent statement made by the...
In the case of Coccaro v. GEICO (Case Number 4D19-3665) and Brown-Peterkin v. Williamson (4D19-2950)(November 12, 2020), Florida’s Fourth DCA did not certify that a class action case against GEICO for electronic UM rejections that do not comply with Florida law. Importance...
In the case of Dominos Pizza, LLC v. Yvonne Wiederhold, as PR for the Estate of Richard Wiederhold, Case Number 5D19-2343 (Fla. 5th DCA October 23, 2020), Florida’s Fifth DCA affirmed the use of an “agency” jury instruction as it relates to the...
In the case of Robert Aguila v. Marjorie Frederic, Case Number 3D20-0726 (Fla. 3rd DCA August 26, 2020), Florida’s Third DCA held that a defendant under a criminal investigation has a Fifth Amendment privilege against disclosure of cell phone use during a car...
In the case of Richard Solomon v. State Farm, Case Number 5D18-3920 (Fla. 5th DCA August 21, 2020), Florida’s Fifth DCA held that an advance payment by a UM carrier is considered a setoff. Underlying Facts Solomon sued State Farm as the uninsured motorist carrier for a...
In the case of Kyle Dale v. Viktoria Schaub and State Farm Automobile Insurance Company, Case Number 4D19-900 (Fla. 4th DCA August 19, 2020), Florida’s Fourth DCA held that a mistake in the amount of a proposal for settlement with a number not consented to by the client was...
In the case of USAA v. Robyn Rey, Case Number 2D18-5120 (Fla. 2d DCA August 5, 2020), Florida’s Second DCA held that USAA was not required to present expert testimony to rebut conflicting evidence on causation of injuries resulting in reversal of jury verdict. Outline of...
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...
