Publications
Defendant’s request for attorney’s fees within its summary judgment motion is insufficient to place plaintiff on notice that defendants are claiming attorney’s fees.
On February 6, 2024, the Fifth Circuit Court in Hernando County, Florida, rendered a decision regarding a prevailing defendant’s request for attorney’s fees within a motion for summary judgment.
Legal Update for Florida Coverage & Property Litigation – June 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
Failure to provide reasonable notice and opportunity to be heard rendered trial court’s involuntary dismissal of plaintiff’s suit a violation of due process.
This appeal followed a trial court’s entry of a final order dismissing Babcock New Haven, LLC’s lawsuit for failure to comply with a prior order that required it to obtain successor counsel by a certain date.
Legal Update for Florida Coverage & Property Litigation – June 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
Appellate court affirms ruling a sworn proof of loss and estimate related to later claim was inadmissible as hearsay and irrelevant.
The insured reported a claim to Universal Casualty & Property Insurance Company in February 2016 for water damage from a roof leak, allegedly occurring in January 2016.
Legal Update for Florida Coverage & Property Litigation – June 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
Circuit Court of Appeals finds Fla. Stat. § 627.70132 does not require notice of a supplemental claim to include an estimate of damages.
In this unpublished opinion, the Eleventh Circuit was presented with the issue of whether Florida Statute § 627.70132 required the insured’s notice of a supplemental claim to its insurance carrier include an estimate of damages.
Legal Update for Florida Coverage & Property Litigation – June 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
Third District Court quashes order granting motion for protective order relating to a corporate representative’s deposition.
The petitioner in this matter (the plaintiff below) sought certiorari review of a discovery order granting a motion for protective order filed below by the defendant.
Legal Update for Florida Coverage & Property Litigation – June 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
On the Pulse…Defense Verdicts and Successful Litigation Results*
CASUALTY DEPARTMENT
HEALTH CARE DEPARTMENT
PROFESSIONAL LIABILITY DEPARTMENT
WORKERS’ COMPENSATION DEPARTMENT
Defense Digest, Vol. 30, No.
Superior Court affirms IAB decision enforcing workers’ compensation settlement agreement and rejected claimant’s attorney’s argument of entitlement to common law “attorney’s charging lien” that was not a term of the settlement.
Mr. Webb workers’ compensation claim was denied, and he filed a petition with the Industrial Accident Board that sought acknowledgment of the accident, medical expense benefits and temporary total disability (TTD) benefits. Mr.
What’s Hot in Workers’ Comp, Vol. 28, No.
A judge of compensation claims must be specific when awarding non-professional attendant care to a family member.
The claimant petitioned for attendant care benefits to be paid to her husband. The judge of compensation claimant ordered the employer/carrier to pay him for 30 hours per week at the federal minimum wage.
What’s Hot in Workers’ Comp, Vol. 28, No.
The Appellate Division reversed and remanded a trial court order denying the plaintiffs’ motion to amend their complaint and dismissed their matter with prejudice.
The plaintiffs had filed a complaint for survival and wrongful death against the defendants, asserting the defendants caused the decedents to become infected with COVID-19 and pass away in March 2020.
What’s Hot in Workers’ Comp, Vol. 28, No.
Appellate Division finds that compulsion in an activity could render it a non-social or recreational activity.
The petitioner had worked for the respondent since 2007. On December 14, 2013, he reported for mandatory snow duty and as a result, he had to stay at the assigned Marriott Hotel for 12 hours and work the other 12 hours.
What’s Hot in Workers’ Comp, Vol. 28, No.