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2003 ARTICLE INDEX
January 2003
| • | An index of all 2002 Briefly Speaking articles |
| • | Insurance disclosure in compliance with Florida statute is essential term in an offer for settlement |
| • | Keeping Secrets: Financial practices that may constitute economic fraud do not constitute a “public hazard” subject to disclosure pursuit to Florida’s Sunshine in Litigation Act |
February 2003
| • | Tort reform update |
| • | Expert Evidence: Make sure your expert outlines everything done to establish his or her conclusion |
| • | Construction Contracts: Severability of duty to defend and duty to indemnify |
March/April 2003
| • | Collapse: Dry Rot Exclusion Does Not Apply |
| • | 3rd DCA Upholds State Farm’s “Earth Movement Exclusion” |
| • | Florida Law Applies to Actions for Bad Faith Failures to Settle Where Collision and Tort Suit Occurred in Florida |
May 2003
| • | A Rose By Any Other Name…Determining the Named Insured After A Corporation Is Sold and Renamed |
| • | “Keep It Simple” |
| • | Florida Supreme Court Rules That Liability Insurance Policy Applying to “Bodily Injury by Accident” Does Not Provide Coverage Negligent Spoliation of Evidence |
June 2003
| • | The Florida Supreme Court Grapples with the Design Defect Exclusion and Sue and Labor Clauses |
| • | Plaintiffs’ Proposal for Settlement Must Specify Amount Allocated to Each Plaintiff |
| • | Supreme Court Broadens Appearance of Deceptive and Unfair Trade Practices Act |
July 2003
| • | U.S. Supreme Court: $145 Million Punitive Damages Award Against State Farm Violates Constitutional Due Process |
| • | Limitations on the Admissibility of Expert Testimony |
| • | Whether the Insured Materially Breached the Policy by Failing to Cooperate is a Jury Issue Where the Insured Cooperates to Some Degree |
August 2003
| • | Personal relocation costs may be recoverable expenses |
| • | HMO contractual discount constitutes a payment as a collateral source benefit to be setoff against damages award |
| • | Claim files continue to be protected |
September 2003
| • | Insurer can be estopped to deny coverage if it negligently investigates claim prior to suit being filed |
| • | Physical side effects from medication not found to constitute “impact” sufficient infliction of emotional distress |
| • | Contingent economic interest insufficient for intervention |
October 2003
| • | Homeowner’s liability: international acts update |
| • | A vague offer of judgment will preclude fees after a successful trail |
| • | Minor child not bound by parents release and agreement to arbitrate on his behalf |
| • | Homeowner’s policy joint obligations clause bars coverage for negligent supervision claim against parents where complaint alleges minor son intentionally shot claimant |
November 2003
| • | Liquor liability exclusion bars coverage in claim that bar was negligent in allowing drunk minor to leave premises |
| • | Blasting activities excluded by earth movement exclusion in “all risk” homeowners policy |
| • | Living arrangements control whether someone is a “resident relative” |
| • | FLA. R. CIV. P. 1.061(a) and Kinney analysis prerequisite to forum non conveniens ruling |
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