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2005 ARTICLE INDEX
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January 2005 |
| • | An index of all 2004 Briefly Speaking articles. |
| • | Liability for subcontractor’s interest begins when proceeds would have been due under the policy |
| • | Frye motion at workers’ compensation hearing held timely |
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February 2005 |
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Subrogation: When is an insured “Made Whole” without receiving his deductible back? |
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A Subrogation Nightmare: What happens when you do not advise your insured that you have filed a lawsuit? |
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Negligent Security: Condominium and management company are liable for death of resident even in absence of evidence of prior incidents |
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March 2005 |
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“DRINK UP, JOHNNY!” |
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Florida Supreme Court: Declatory actions are proper in factual coverage determination |
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Adjusters Beware! |
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April 2005 |
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Court holds that plaintiff's video tape of compulsory medical examination is "FACT" work product and can only be discovered upon showing by defendant of need and undue hardship |
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Windstorm insurer is liable for the policy's face value where building damage by a covered peril and deemed a total loss |
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May 2005 |
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Supreme Court decision may raise havoc in bad faith actions |
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Insured is awarded attorney's fees on motion to compel appraisal |
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Florida statute section 627.428 not applicable to insurance
to insurance policy not issued or delivered in Florida |
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A liability insurer must defend or indemnify employer for
conduct that is deemed "substantially certain to result in serious
injury or death" |
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June 2005 |
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Governor Bush signs into law comprehensive amendments to Florida's insurance statutes |
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July 2005 |
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Dismissal for fraud was an abuse of dicretion where alleged misconduct occurred in an unrelated case |
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Florida Supreme Court holds transportation costs, including mileage for personal vehicles recoverable under PIP Statute |
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Whether condo owner had duty to turn off water is a question of fact for jury |
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August 2005 |
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Florida courts continue to grapple with proposal for settlement statute |
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Workers' compensation carrier is not entitled to subrogate against claim for spoliation of evidence |
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Fourth district court of appeals recognizes existence of negligence cause of action against pharmacies dispensing lawfully prescribed medications |
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September 2005 |
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Thou shalt not be rewarded for misrepresentations! |
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11th Circuit holds "household" to be ambiguous |
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Supreme court rules for drivers |
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December 2005 |
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Supreme Court Review: Should Florida's impact rule be abolished |
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Mortagee's entitlement to insurace proceeds after foreclosure |
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Evidently, God has a sovereign immunity |
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Briefly Speaking - 2004
Briefly Speaking - 2003
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