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2004 ARTICLE INDEX
January 2004
| • | An index of all 2003 Briefly Speaking articles. |
| • | Florida Supreme Court holds that separate shootings on the same night by same person constitute separate occurrences |
February 2004
| • | When is a physican an expert witness? |
| • | Payment of policy limits and agreement to pay attorney’s fees does not discharge an insurer from further liability under Florida’s “bad faith” Statute |
| • | False statements may result in dismissal of plaintiff’s case |
March 2004
| • | A declaratory action cannot be used by an insurer to avoid a jury decision as to disputed factual issues |
| • | Insurers and their employees are immune from civil action for reporting an insured for insurance fraud |
| • | “Know thy neighborhood” |
April 2004
| • | Monday Night Boxing: Release signed by plaintiff does not bar lawsuit, but parents cannot recover loss of consortium damages due to injury to 19 year old son |
| • | Insuring other people’s property |
| • | Economic concerns during discovery |
May 2004
| • | Florida’s impact rule does not preclude recovery of damages for emotional distress for negligent interference with parental rights claim |
| • | U.S. District Court clarifies definition of “collapse” and “hidden” |
| • | Unfair claim practices are treated like bad faith claims
| | • | Question certified: Is parent’s agreement to arbitrate binding on minor child? |
June 2004
| • | Institute of Medicine releases mold report |
| • | Insured can pursue common law claim for interest on unearned premium under common law theory |
| • | Florida’s “completed and accepted” rule |
| • | United States District Court holds that the plain meaning of the language of an insurance policy controls in the absence of ambiguity in the contract |
July 2004
| • | Temporary relocation costs recoverable expenses on collapse claim under a condo policy appraisal |
| • | Damages may be offset or reduced by evidence of collateral source payments |
| • | Florida’s Countersignature and Surplus Lines Statues declared unconstitutional and discriminatory as applied to nonresident Florida-licensed property and casualty agents |
August 2004
| • | Where plaintiff’s medical expenses were paid by Medicare, damages awarded for past medical expenses are limited to the amount actually accepted by the provider |
| • | Plaintiff denied windfall for medical expenses not owed |
| • | Rethinking the application of contingency risk multipliers in fee awards |
September/October 2004
| • | Department of Finanical Services issues emergency rules and orders pertaining to public adjusters |
| • | The Florida Supreme Court holds that the damages recoverable by a minor child are not limited to the period of minority |
| • | Palm Beach County Circuit Court declares “Intoxication Defense” Constitutional |
| • | The Money Pit |
November 2004
| • | Work product protection did not attach to claim file until file was sent to counsel |
| • | District Court disallows class action breach of contract lawsuit against carrier based on alleged violations of Florida’s insurance code |
| • | Dangerous instrumentality doctrine may apply even if the vehicle is used for intentional misconduct |
| • | Deductible applies only to covered losses |
December 2004
| • | Red flags of fraud |
| • | The appraisal process and fraud |
| • | Supplemental claims and appraisals |
| • | Compliance with policy conditions |
| • | Improper appraisal requests |
| • | The elusive proof of loss and its rejection |
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Briefly Speaking - 2003
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