Publications
First District Court of Appeal finds setoff is appropriate in an underinsured motorist claim when the tortfeasor’s liability coverage is available to an injured plaintiff, even when no benefits have been paid.
The plaintiff had been involved in a vehicle accident and pursued a claim with the tortfeasor motorist’s liability insurance, with limits of $25,000.00, but later abandoned the claim.
Legal Update for Florida Coverage & Property Litigation – July 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
District Court finds that trial court’s order lacked specificity, stressing that when a party asserts privilege objections, the trial court must make specific findings to support the overruling of those objections.
This case involved a roof repair performed by Apex Roofing and the insured having executed an Assignment of Benefits (AOB). The carrier issued payment, but Apex Roofing felt it was entitled to a larger payment.
Legal Update for Florida Coverage & Property Litigation – July 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
Third District Court reversed and remanded order granting insured’s motion for summary judgment based on insured’s failure to comply with policy conditions.
In the underlying matter, LFC Medical Center (LFC) filed for summary judgment, which was granted by the trial court.
Legal Update for Florida Coverage & Property Litigation – July 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
Litigating Civil Cases at Lightning Speed: The Impending Florida Civil Procedure Rule Changes
Civil litigation in Florida is time-consuming. It always has been. Florida civil rules of procedure do not contain the procedural safeguards, like speedy trial rules, afforded to criminal defendants to expedite the process.
Legal Update for Florida Coverage & Property Litigation – July 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
Legal Update for Special Education Law – Updates from the U.S. Department of Education
A federal court in Missouri has blocked President Biden’s latest attempt to forgive nearly $500 billion in federal loans. U.S.
Legal Update for Special Education Law – July 2024
Summary Judgment Granted Despite Pro Se Litigant
Newton, represented by counsel, filed a complaint against Shoeneberger, alleging negligence following a motor vehicle accident.
Case Law Alerts, 3rd Quarter, July
Third District Reverses Trial Court Ruling That Policy’s Fire Endorsement Incorporated Physical Damage Provision
This suit involved the interpretation of a commercial automobile insurance policy and the interplay between its fire endorsement and physical damage provision.
Case Law Alerts, 3rd Quarter, July
Fourth District Reverses Trial Court Ruling Granting Summary Judgment Where Supporting Factual Position Was Not Filed at Least Forty Days Prior To Hearing
The lower court suit in this matter involved the appellee’s contention that the personal injury protection (PIP) policy limit of $10,000 had exhausted and therefore, no policy benefits remained in light of the appellant’s contention that it had be
Case Law Alerts, 3rd Quarter, July
First District Affirms Trial Court Order Granting Underinsured Motorist Insurer’s Motion to Set-Off Damages Awarded to Insured by a Tortfeasor’s Liability Policy Limits
After being involved in a motor vehicle accident with Marquisha Thurman, the appellant pursued, then abandoned a claim against Thurman, who had a liability policy with a $25,000 per person limit.
Case Law Alerts, 3rd Quarter, July
Injury on Work Premises Still Considered Outside Scope of Employment
The petitioner appealed from the order of the Division of Workers’ Compensation dismissing his petition for benefits based on lack of compensability.
Case Law Alerts, 3rd Quarter, July