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2009 ARTICLE INDEX
January 2009
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Confidential information cannot be disseminated to other attorneys who are not involved in the underlying or collateral litigation |
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Florida Supreme Court holds that pre-injury release executed by parent of a minor unenforceable when involving commercial activity.
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Son who was operating vehicle did not primarily reside with mother and was not "an insured" under her policy. |
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February 2009
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Parental release of minor's claims - UPDATE |
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Insured entitled to attorneys fees although insurer paid appraisal award within 60 days and before entry of judgment |
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Property owner who relinquishes control of property to an independent party has no duty to secure that property. |
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Florida Supreme Court affirms the dismissal of defendant tortfeasor over objection of uninsured motorist carrier and clarifies Florida statute §627.727(6)(b). |
March 2009
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The undertaker's doctrine and governmental entties |
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Employer not entitled to summary judgment on worker's compensation immunity under the substantial certainty test |
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Insurer is entitled to reduce appraisal awards by the amount of the policy deductible and prior payments |
April 2009
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Corner office announces the addition of Stephen Barker & Robyn Feibusch |
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Request for release in response to policy limits demand does not constitute counteroffer |
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Middle District re-emphasizes forum defendant rule
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May 2009
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Florida Legislature passes surplus lines bill in response to Essex v. Zota |
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Under a divisible policy, a party is not collaterally estopped from denying coverage under one provision just because it has made payment under another, separate provision |
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Issues presented in Chalfonte certified to Florida Supreme Court for determination
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June 2009
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Florida Surplus Lines Law - UPDATE |
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Parties Cannot 'Contract Away' the economic waste doctrine absent explicit language stating their desire to do so |
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Clear and unambiguous contract cannot be interpreted by resort to customary industry practice |
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Court requires apportionment among multiple parties in all proposals for settlement
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July 2009
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Attorney-client privilege survives scrutiny in first-party insurance actions for statutory bad faith |
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Bad faith action against insurer is premature subject to dismissal where the time to appeal the judgment in underlying the case has not expired
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The Southern District of Florida cracks down on insufficient pleading |
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August 2009
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New Amendment to rules allows appeal of orders granting or denying a parties right to appraisal |
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Under valued policy law insurer only responsible for that part of total loss attributable to covered peril |
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Notice by letter does not meet requirements of
§ 57.105, Florida statutes |
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New reporting requirements concerning professional liability claims
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September 2009
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4th district approves proposal for settlement from employer conditioned on dismissal of both employer and employee |
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Lloyd's arbitration provision is held enforceable and not in confict with service of suit provision |
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Where plaintiff intentionally misleads the court, dismissal is appropriate sanction |
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Third district prevents trial courts from prematurely ordering production of documents relating to insurers' business practices
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Florida administrative code amendments relating to property insurance mediation |
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October 2009
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Third District Court determines that apples are not oranges |
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Presumption of negligence in rear-end motor vehicle accident applies even when plaintiff is the rear driver |
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Eleventh Circuit Finds Condominium Unit Owner’s Policy Does Not Cover Assessments Resulting from Condominium Association’s Master Policy Deductible |
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Juries can define the word "Disohonesty" if the underlying insurance policy does not |
November 2009
| • | 3 rd DCA Punts on the Question of Whether Common Law Claim For Breach Of Good Faith And Fair Dealing Is Distinguishable from Statutory Bad Faith |
| • | Carrier cannot prevent attorneys' fee award by invoking appraisal before suite filed |
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Fourth District allows appraisal subsequent to commencement of litigation |
December 2009
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Insured entitled to file bad faith claim after final appraisal award |
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Claim for breach of implied warranty of good faith and fair dealing same as claim for bad faith is not permitted in breach of first-party insurance contract case |
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Arbitrators cannot order a non-party to produce pre-hearing discovery under Federal Arbitration Act |
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Briefly Speaking - 2008
Briefly Speaking - 2006
Briefly Speaking - 2005
Briefly Speaking - 2004
Briefly Speaking - 2003 |
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