The Florida Insurance Law Blog
By Jeffrey T. Donner, Esq.
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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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In Johnson v. Wal-Mart Stores East, LP, 389 So.3d 705 (Fla. 5th DCA 2024), the Fifth District considered a case arising out injuries caused when Wal-Mart employees confronted and chased shoplifters, causing the shoplifters to flee and injure the plaintiff, Mr. Johnson. Wal-Mart moved for summary judgment arguing that it had no duty to protect…
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For a negligence claim to sound in medical malpractice–meaning the onerous presuit requirements apply–must the actions at issue involve an issue that involves the use of medical skill or judgment? What if a nurse accidentally spills hot coffee on a patient in a waiting room? What if the actions at issue involve non-doctor employees physically…
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A century-old common-law rule of tort liability, the “dangerous instrumentality doctrine,” as applied to traffic accidents, provides that the owners of automobiles in Florida are bound to observe statutory regulations of their use, and assume liability commensurate with the dangers to which they or their agents subject others in using the automobiles on the public…
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What is necessary to establish the reasonableness of medical charges? In Roman v. Sos, __ So. 3d __ (Fla. 2d DCA Sept. 6, 2024), the Second District considered a motor vehicle accident case in which the plaintiff alleged lower back injuries that required surgery. The plaintiff, Roman, challenged a final judgment entered against him in…
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