
2010 ARTICLE INDEX
January 2010
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Citizens Property Insurance Corporation not subject to bad faith claims |
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The land may shift, but the burden of proof does not |
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Fifth District Court of Appeal holds permissive statute is not controlling over policy language |
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Proposals for settlement that do not resolve claims for declaratory relief held to be invalid |
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Feruary 2010
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Landmark Supreme Court decision alters manner in which courts determine motions to dismiss under rule 12(b)(6) |
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Subcontractor liable for prejudgment interest on all damages including attorneys' fees for failure to procure insurance naming contractor as insured |
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Third DCA looks outside the box to determine whether rejection of proposal for settlement is reasonable |
March 2010
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Homeowner is liable for attorney's fees incurred by leak detection services in subrogation action by homeowner's insurance |
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Clerical services by physician's employee may be considered excluded professional services under business owner's policy |
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Parents held liable for entrusting child with an all terrain vehicle resulting in death of another |
April 2010
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Insurer not entitled to summary judgment in light of disputed issues as to whether policy limits were timely tendered |
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Insured transportation company entitled to no fault coverage for auto collision despite driver not having been pre-approved |
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Loss caused by shifting of earth under home due to water line rupture excluded, however, cost to repair plumbing covered
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May 2010
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The Southern District slams a claim for bad faith failure to settle wrongful death claim |
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Coblentz agreement cannot create coverage where coverage does not exist |
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Second District Court of Appeals finds tht Federal Aviation Act preempts Florida's Dangerous Instrumentality Law
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June 2010
July 2010
August 2010
September 2010
October 2010
November 2010
December 2010
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