The Florida Insurance Law Blog
By Jeffrey T. Donner, Esq.
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What is the standard for a trial judge to grant a motion for new trial based on the “manifest weight of the evidence?” The Sixth District recently reminded us that the trial judge does not have a license to operate as a “Super Juror.” Rather, the trial court’s role is to assess the totality of
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Can a spouse who married the decedent after the injury recover damages as a “surviving spouse” under section 768.21(2)? The Florida Supreme Court–in a strong opinion supporting the doctrines of (1) giving effect to the plain language of statutes and (2) trusting juries to determine the facts–recently told us the answer is yes. In Ripple
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What happens when a truck driver working for Amazon.com–ostensibly as an independent contractor–drives negligently and injures another? Will the victim be able to sue the various Amazon entities and hold Amazon accountable despite Amazon, of course, making every effort to insulate itself with complicated contracts that declare that the drivers are independent contractors? The answer
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What happens if a condominium association impairs its insurer’s subrogation rights when settling with and releasing tortfeasors responsible for claims brought by third parties against the association? Must the insurer file and lose a separate lawsuit before suing its insured for breach of its subrogation rights? The Third District recently gave us some guidance. In
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A “deductible” is a clause in an insurance policy that relieves the insurer of responsibility for an initial specified loss of the kind insured against. The purpose of a deductible is to alter the point at which an insurance company’s obligation to pay will ripen. The application of the deductible provision in a policy of insurance
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“It is what it is.” While this phrase has become an annoying cliche in some contexts, the concept “it is what it is, not what the parties say it is” is a valid concept applicable in many areas of the law. Substance, not labels, controls. Take the issue of a “hybrid expert treating physician.” The
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How should the jury be instructed on the burden of proof in a first-party property insurance case involving an “all risks” policy? The Second District recently provided some updated guidance. In Citizens Prop. Ins. Corp. v. Barberan, __ So. 3d __ (Fla. 2d DCA 2024) (Case No. 2D22-2744), a sinkhole case, the jury found in
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The primary purpose of tort law is that wronged persons should be compensated for their injuries and that those responsible for the wrong should bear the cost of their tortious conduct. Forcing tortfeasors to pay for the harm they have wrought provides a proper incentive for reasonable conduct. In Clay Elec. Co-Op, Inc. v. Johnson,
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In Progressive Select Ins. Co. v. Lloyd’s of Shelton Auto Glass, LLC, __ So. 3d __ (Fla. 2d DCA 2024), the Second District discussed the issue of amending a complaint to seek punitive damages pursuant to section 624.155(5) of the Florida Statutes. Progressive Select Insurance Company appealed the trial court’s order granting Lloyd’s of Shelton
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How is the doctrine of res ipsa loquitur applied to a medical negligence action when the plaintiff sustained bilateral hip fractures while unconscious? The Second District, in Barber v. Manatee Memorial Hosp., 388 So.3d 279 (Fla. 2d DCA 2024), gave us an interesting discussion of the issue. In Barber, Mr. Barber challenged the trial court’s
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