PROPOSAL FOR SETTLEMENT: SPECIFICITY

Darrow v. Gilmer McCrary Heitman, ___ So. 3d ___, 35 Fla. L. Weekly D2417 (Fla. 5th DCA 10/29/10)

A proposal for settlement conditioned upon the execution of a release of unspecified terms was unenforceable.  Fla. R. Civ. P. “1.442 and the case law place no onus upon the [recipient’s] attorney to clarify the terms of the proposal.”… Click To Read Full Case Law Review...

INSURANCE: THIRD PARTY BAD FAITH: VENUE

Mercury Insurance Company of Florida v. Jackson, ___ So. 3d ___, 35 Fla. L. Weekly D2430 (Fla. 1st DCA 10/29/10)

One of the insureds, who resided in Leon County, was involved in a fatal motor vehicle accident in Gadsden County.  The plaintiffs, who resided in Gadsden County, retained a lawyer in Leon County, who returned the insurance company’s settlement … Click To Read Full Case Law Review...

Negligent Entrustment: Negligent Undertaking: Leaving Intoxicated Person’s Car Keys Where He Can Find Them

Cantalupo v. Lewis, ___ So. 3d ___, 35 Fla. L. Weekly D2365 (Fla. 4th DCA 10/27/10)

The defendant and his brother went to a restaurant for dinner.  The brother drank alcoholic beverage and became impaired.  The defendant asked his brother for the car keys and drove them to the defendant’s home.  The defendant left the keys in the kitchen … Click To Read Full Case Law Review...

MORTGAGE FORECLOSURE: PROOF OF OWNERSHIP OF NOTE AND MORTGAGE; FACTUAL REPRESENTATIONS OF COUNSEL; SUMMARY JUDGMENT

Servedio v. US Bank National Association, ___ So. 3d ___, 35 Fla. L. Weekly D2368 (Fla. 4th DCA 10/27/10)

The appellate court reversed a summary judgment of foreclosure on a mortgage because “[t]he record on appeal [did] not contain the original note, evidence of an assignment of the mortgage and note to [the plaintiff], or an affidavit of ownership … Click To Read Full Case Law Review...

Insurance: Appraisal: Appraisal May Not Precede Determination of Coverage; Waiver: Insurer Does Not Waive Right To Deny Coverage By Failing To Do So Before The Insured Files Suit

Citizens Property Insurance Corporation v. Michigan Condominium Association, ___ So. 3d ___, 35 Fla. L. Weekly D2369 (Fla. 4th DCA 10/27/10)

The Fourth District Court of Appeal reversed an order granting the insured’s motion to compel appraisal before the trial court “resolved the parties’ underlying coverage dispute.”  The insurer did not waive its right to deny coverage by failing … Click To Read Full Case Law Review...