Power, McNalis & Torres Newsletter

 

 

Briefly Speaking

2010 ARTICLE INDEX

January 2010
•  Citizens Property Insurance Corporation not subject to bad faith claims
•  The land may shift, but the burden of proof does not
•  Fifth District Court of Appeal holds permissive statute is not controlling over policy language
•  Proposals for settlement that do not resolve claims for declaratory relief held to be invalid
   
Feruary 2010
•  Landmark Supreme Court decision alters manner in which courts determine motions to dismiss under rule 12(b)(6)
•  Subcontractor liable for prejudgment interest on all damages including attorneys' fees for failure to procure insurance naming contractor as insured
•  Third DCA looks outside the box to determine whether rejection of proposal for settlement is reasonable

March 2010
•  Homeowner is liable for attorney's fees incurred by leak detection services in subrogation action by homeowner's insurance
•  Clerical services by physician's employee may be considered excluded professional services under business owner's policy
•  Parents held liable for entrusting child with an all terrain vehicle resulting in death of another

April 2010
•  Insurer not entitled to summary judgment in light of disputed issues as to whether policy limits were timely tendered
•  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

May 2010
•  The Southern District slams a claim for bad faith failure to settle wrongful death claim
•  Coblentz agreement cannot create coverage where coverage does not exist
•  Second District Court of Appeals finds tht Federal Aviation Act preempts Florida's Dangerous Instrumentality Law
   
June 2010
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July 2010
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August 2010
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September 2010
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October 2010
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November 2010
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December 2010
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Briefly Speaking - 2009

Briefly Speaking - 2008

Briefly Speaking - 2006

Briefly Speaking - 2005

Briefly Speaking - 2004

Briefly Speaking - 2003