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  • Court of Appeals Overturns Trial Court Ruling

    In Citizens vs. European Wood Craft, the 4th District Court of Appeal held the trial court erred in ruling.  An insured was not placed on notice of the limitations of the insurance agent.  In this case, the insured did not receive page two of the application, which was the page disclosing the Notice.  According to the 4th District Court of Appeal, howev...

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  • Florida Law Update

    In Attorney’s Title Insurance Fund, Inc. vs. Gorka, the Florida Supreme Court finally resolved the issue of whether a joint offer or proposal for settlement which is conditioned on the mutual acceptance of all joint offerees is invalid and unenforceable.  According to the Florida Supreme Court, such an offer or proposal for settlement is invalid because ...

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  • Bad Faith Insurance Defense Preparedness

    Recently I mistakenly received a request to attend a Plaintiff’s bad faith seminar entitled “Bad Faith Insurance Summit”. As I represent insurers in these matters I could not go. To all my friends in the insurance industry, take a second to look at the link (www.360advocacy.com) describing the seminars at the summit presentation. The topics include: R...

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  • Florida Law Update

    The Florida Third District Court of Appeal recently ruled in United Automobile Insurance Company vs. Ontero, an insured who assigns his personal injury protection (PIP) benefits to a provider does not have standing to later sue his or her insurer for those benefits. In Ontero, the plaintiff, Angel Ontero, suffered injury in an automobile accident. He sub...

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  • Florida Law Update

    On April 14, 2010, the Governor signed into law Section 768.0755, Florida Statutes, which places the burden of proof on a plaintiff in a slip-and-fall case.

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