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Briefly Speaking

2011 ARTICLE INDEX

January 2011
•  From the Corner Office & Updates
•  Is an ATV a "Dangerous Instrumentality?"
•  Insured not entitled to Attorney's Fees for work necessitated by its own conduct
•  Parties must keep up changes in the law
   
February 2011
•  From the Corner Office
•  Defendant who left car keys accessible to intoxicated brother was not liable for negligent entrustment and negligent undertaking
•  Insured's were entitled to attorney's fees for defeating State Farm's request to delineate appraisal
•  The exception to equine activity immunity
 
March 2011
•  From the Corner Office
•  Florida Supreme Court upholds attorney-client privilege in bad faith cases
•  Third District Court of Appeals finds general release and demand letter did not invalidate proposal for settlement
•  Question of whether insurance broker provides "Professional Services" to be decided by Florida Supreme Court

April 2011
•  From the Corner Office
•  Summary judgment affirmed in negligent hiring and retention case because proximate causation could not be demonstrated
•  Always read all fine print!
•  Where duty to defent exists, insurer not entitled to reimbursement of defense costs from second primary insurer

May 2011
•  Property owner not liable for worker injured while repairing roof
•  Calling yourself a "Consultant" won't relieve you of liability to those working on the project - or will it?
•  Insured cannot force senior officers of insurer to deposition soley as attention-grabbing litigation tactic
•  No obligtion to provide defense or coverage on negligent supervision action arising out of sexual molestation
   
June 2011
•  New legislation changes insurance industry
  
July 2011
•  Florida Supreme Court clarifies rule on when a case may be dismissed for inactivity
•  Third District Court of Appeal ruls to protect attorney-client privileged materials within insurers' claim file
•  Declaratory actions must not merely seek advisory opinions
•  Declaratory action by insured premature and subject to dismissal where insurer was not provided notice of any disagreement
  
August 2011
•  From the corner office
•  Florida Supreme Court confirms applicability of Florida wrongful death statute in pre-suit settlements and weights in on the apportionment of attorneys' fees
•  Florida draws the boundaries of negligence more loosely
•  Preliminary determination of the ripeness of an appraisal demand is required prior to compelling appraisal
  
September 2011
•  Save the Date
•  Forum non conveniens and personal jurisdiction: Factors which really matter
   
October 2011
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November 2011
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December 2011

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Briefly Speaking - 2010

Briefly Speaking - 2009

Briefly Speaking - 2008

Briefly Speaking - 2006

Briefly Speaking - 2005

Briefly Speaking - 2004

Briefly Speaking - 2003