The Florida Insurance Law Blog
By Jeffrey T. Donner, Esq.
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In People’s Tr. Ins. Co. v. Marzouka, 320 So. 3d 945 (Fla. 3d DCA 2021), the Third District considered the issue of when a trial court should dismiss an insured’s”s breach of contract claim and compel appraisal. In Marzouka, the complaint sought a declaratory judgment in addition to stating a breach of contract claim. People’s…
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An “Engle progeny” case is a case in which an injured smoker sues a tobacco company for fraudulent concealment, conspiracy, and other tortious conduct. What proof is required to prevail on the reliance element of the fraudulent concealment and conspiracy claims? An Engle progeny plaintiff must prove reliance on a statement that was made by an Engle defendant (for a…
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While it is depressing and scary that such a court decision was even necessary, I’m pleased to report that in Green v. Alachua County, 323 So. 3d 246 (Fla. 1st DCA 2021), a majority of the First District showed that not all lawyers were sick the day they taught constitutional law at law school. The…
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