FIGA: APPRAISAL AWARD, ATTORNEY’S FEES, COVERED CLAIM

Florida Insurance Guaranty Association v. Petty, ___ So. 3d ___, 35 Fla. L. Weekly D2149 (Fla. 2d DCA 9/29/10)

An award of attorney’s fees under Section 627.428, Florida Statutes, for compelling appraisal, was not a “covered claim” under the Florida Insurance Guaranty Association Act, Section 631.50 et seq., Florida Statutes.  Section 631.70 provides that Section 627.428 is inapplicable … Click To Read Full Case Law Review...

ARBITRATION: SCOPE OF AGREEMENT TO ARBITRATE; COLLATERAL ESTOPPEL

Bates v. The Betty & Ross Company, ___ So. 3d ___, 35 Fla. L. Weekly D2150 (Fla. 3d DCA 9/29/10)

After the plaintiff sued the defendant for breach of contract, the parties agreed to arbitrate “with respect to the allegations in the complaint.”  When the plaintiff amended his claim during arbitration, the defendant moved to terminate the arbitration proceedings.  … Click To Read Full Case Law Review...

NEW TRIAL: FAILURE TO AWARD DAMAGES FOR DIAGNOSTIC TESTING AFTER ACCIDENT

Allstate Property and Casualty Insurance Company v. Flores, ___ So. 3d ___, 35 Fla. L. Weekly D2151 (Fla. 3d DCA 9/29/10)

The appellate court affirmed an order granting the plaintiff’s motion for new trial against his underinsured motorist carrier.  “The jury determined that the accident was not a legal cause of any injuries to the plaintiff and awarded zero … Click To Read Full Case Law Review...

PUNITIVE DAMAGES: PROCEDURE; APPEALS: REASSIGNMENT TO DIFFERENT TRIAL JUDGE UPON REMAND

Royal Caribbean Cruises, Ltd. v. Doe, ___ So. 3d ___, 35 Fla. L. Weekly D2152 (Fla. 3d DCA 9/29/10)

A drunken crewman on a cruise ship pushed his way into a stateroom and grabbed the passenger on her shoulders before she pushed him out of her cabin.  Apparently, the crewman was disoriented and was looking for a place to … Click To Read Full Case Law Review...

MEDICAL MALPRACTICE: PRESUIT SCREENING: FALL FROM STRETCHER

Indian River Memorial Hospital, Inc. v. Browne, ___ So. 3d ___, 35 Fla. L. Weekly D2166 (Fla. 4th DCA 9/29/10)

An elderly, disoriented, emergency room patient died of the injuries that he received when he fell off a stretcher and suffered head injuries.  The estate sued for negligent supervision and leaving the guardrail unsecured.  The appellate court held that … Click To Read Full Case Law Review...