INSURANCE: HOMEOWNER’S INSURANCE: REPLACEMENT COST COVERAGE: PAYMENT OF ESTIMATED COST OF REPAIRS WITH OPTION TO SUBMIT SUPPLEMENTAL CLAIMS; APPEALS: REFUSAL TO CONSIDER ARGUMENT MADE FOR THE FIRST TIME ON APPEAL

Case Decision Date: Reviewed by

Slayton v. Universal Property and Casualty Insurance Company, ___ So. 3d ___, 37 Fla. L. Weekly D2748 (Fla. 5th DCA November 30, 2012)

After the insured sustained a windstorm loss, her homeowner’s insurance company estimated the cost of repairs as $28,915.87, but her public adjuster submitted an estimate for $61,638.  The insurer submitted a check for $27,915.87, the amount … Click To Read Full Case Law Review...

APPEALS: DISMISSAL OF SOLE COUNT AGAINST A PARTICULAR DEFENDANT IS APPEALABLE ALTHOUGH OTHER COUNTS AGAINST OTHER DEFENDANTS ARE PENDING; JUDGES: SUCCESSOR JUDGE MAY OVERRULE A PREDECESSOR JUDGE’S NON-FINAL RULINGS; CIVIL PROCEDURE: ERROR TO DENY LEAVE TO AMEND IN THE ABSENCE OF PREJUDICE, ABUSE OF THE PRIVILEGE TO AMEND, OR FUTILITY

Case Decision Date: Reviewed by

Carr v. Eslinger, ___ So. 3d ___, 37 Fla. L. Weekly D2752 (Fla. 5th DCA November 30, 2012)

The plaintiff filed a multi-count complaint, but Count IV was the only count against the defendant involved in this appeal.  The defendant moved to dismiss Count IV for failure to state a cause of action, but the trial court denied the … Click To Read Full Case Law Review...

ATTORNEYS: DISQUALIFICATION OF COUNSEL: POSSESSION OF PRIVILEGED INFORMATION: ARGUMENT OF COUNSEL IS NOT EVIDENCE; APPEALS: CERTIORARI

Case Decision Date: Reviewed by

Strawcutter v. Strawcutter, ___ So. 3d ___, 37 Fla. L. Weekly D2752 (Fla. 5th DCA November 30, 2012)

The husband, a lawyer, moved to disqualify his wife’s law firm in an action for dissolution of marriage because (1) the wife provided her lawyers with information wrongfully obtained from the husband’s computer regarding his client’s lawsuit against the wife’s law … Click To Read Full Case Law Review...

INSURANCE: PROPERTY INSURER’S THIRD PARTY ACTION FOR SUBROGATION BARRED BY INSURED’S RELEASE OF TORTFEASORS

Case Decision Date: Reviewed by

Landmark American Insurance Company v. Santa Rosa Beach Development Corp. I, ___ So. 3d ___, 37 Fla. L. Weekly D2759 (Fla. 1st DCA November 30, 2012)

After the “condominium building sustained damage resulting from water intrusion through the stucco exterior cladding,” the association entered into an agreement for warranty repairs with the developer and the general contractor.  In return … Click To Read Full Case Law Review...

TORTS: PRODUCT LIABILITY: TOBACCO: ENGLE PROGENY CASE: STRICT LIABILITY: NEGLIGENCE: CONSPIRACY TO COMMIT FRAUDULENT CONCEALMENT: STATUTE OF REPOSE: PUNITIVE DAMAGES: $8 MILLION COMPENSATORY AWARD FOR NON-ECONOMIC DAMAGES NOT EXCESSIVE: $16,215,000 PUNITIVE AWARD NOT EXCESSIVE

Case Decision Date: Reviewed by

Philip Morris USA, Inc. v. Kayton, ___ So. 3d ___, 37 Fla. L. Weekly D2740 (Fla. 4th DCA November 28, 2012)

A former cigarette smoker with COPD sued Philip Morris for strict liability, negligence, fraudulent concealment, and conspiracy to commit fraudulent concealment and recovered a verdict for $8 million in compensatory damages and $16,215,000 in punitive damages, subject to … Click To Read Full Case Law Review...