REFORMATION, AUTO ACCIDENT, INSURANCE LAW

Enterprise Leasing Company v.. Demartino___ So. 3d ___, 34 Fla. L. Weekly D1400 (Fla. 2d DCA 7/10/09)

Gary injured John and Judy in a motor vehicle accident.  When the accident occurred, Gary was driving a vehicle that his wife, Lisa, rented from Enterprise.  Gary and Lisa were insured by the Windsor Group.  The parties agreed to settle Judy’s … Click To Read Full Case Law Review...

UNINSURED MOTORIST BENEFITS, EXAMINATION UNDER OATH

Hungerman v. Nationwide Mutual Fire Insurance Co.___ So. 3d ___, 34 Fla. L. Weekly D1398 (Fla. 2d DCA 7/10/09)

After Nationwide paid Hungerman’s PIP claim, Nationwide sought to take Hungerman’s examination under oath and to obtain a release for his medical records in anticipation of a possible claim for uninsured motorist benefits.  The court held that Nationwide could … Click To Read Full Case Law Review...

ATTORNEY’S FEES, PREVAILING PARTY

Vose v. Gulfside Construction Services, Inc., ___ So. 3d ___, 34 Fla. L. Weekly D1393 (Fla. 2d DCA 7/8/09)

Gulfside prevailed against the Voses on Gulfside’s claim for breach of contract, but the Voses prevailed against Gulfside on Gulfside’s claim for a construction lien. Both sides moved for attorney’s fees. The trial court determined that Gulfside prevailed on the … Click To Read Full Case Law Review...

WAIVER OF ISSUE ON APPEAL

George v. George___ So. 3d ___, 34 Fla. L. Weekly D1392 (Fla. 2d DCA 7/8/09)

The husband moved to continue the hearing on the wife’s motion for temporary support.  The trial court ruled that the husband’s motion for continuance “would be granted if the husband paid to the wife the sum of [$1500] per month support, without prejudice … Click To Read Full Case Law Review...