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12 02, 2016

…Back to Basics…

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In Diana Pena v. Matthew Ryan Fox, 40 Fla.L.Weekly D 2573a (2nd DCA Nov. 2015), the Second District Court of Appeal reversed the trial court’s dismissal of the Plaintiff’s Complaint against Matthew Fox with prejudice based on a purported settlement agreement. The appellate court held that the trial court erroneously accepted that a settlement […]

12 02, 2016

AOB Answer Brief on Homestead Protection

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We have received a large number of inquiries regarding our One Call Property Services, Inc. a/a/o Carl & June Schlanger v. St. Johns Ins. Co. AOB appeal.  We developed this theory more than a year ago and have successfully used it before Florida trial judges.  This is the first case on appeal based on […]

3 08, 2016

Directed Verdict Obtained in Liability Defense Matter by Roland Bernal, Esq. and Sergio Muniz, Esq. of the Vero Beach Office

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Congratulations to Florida Farm Bureau in obtaining a Motion for Directed Verdict in favor of their policyholder in a third party liability defense matter in Indian River County Circuit Court. Specifically, Plaintiff alleged that Defendant homeowner was vicariously negligent for the purported agent’s failure to supervise and provide proper safety equipment to Plaintiff. Plaintiff […]

12 02, 2016

If Defense Verdicts are Good, Summary Judgments are Better

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Congratulations to Companion Property & Casualty n/k/a Enstar Group as well as Homeowners Choice Property & Casualty for both securing summary judgments this week.  One summary judgment involved a third-party liability slip and fall while the other lawsuit involved a sinkhole.

In McNabb, Jonathan v. Bay Village Club Condo. Assoc., Inc. and Taylor Elevator Company, […]

24 06, 2015

Important Recent Developments in the Area of Clergy Sexual Misconduct

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by F. Robert Radel, II., Esq. & Andrew A Labbe, Esq.

Will I know him when I see him? The answer has proved to be a resounding “no.” Until recently, the words “sexual predator” evoked the image of a dirty old man, dressed in a trench coat, lurking around an elementary school. Today, with ever […]

12 02, 2016

Important Ruling on Statutory Definition of Structural Damage

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Hillsborough County judge finds that the statutory definition of structural damage is incorporated into a homeowners policy despite it not being expressly written into the policy.

Groelle & Salmon, P.A. continues its success in arguing that the definition of structural damage, Florida Statute 627.706 (k) (2) is incorporated into the policy regardless of whether it […]

3 08, 2016

Judgment in Favor of Tower Hill Due to Invalid Second Assignment

Categories: Insurance Coverage & Defense, Uncategorized|Tags: |

Congratulations to Tower Hill Preferred Insurance Company for obtaining a final summary judgment in its favor. Judge Robert Crown in the Collier County Court found that the insured had already assigned “any and all insurance rights, benefits, and proceeds” to United Reconstruction Group, Inc., before executing the subsequent assignment of benefits to Plaintiff […]

24 06, 2015

Repressed Memory: Real or Fantasy?

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by  

“When I was younger, I could remember anything, whether it had happened or not.”
-Mark Twain
Throughout the last two decades, courtrooms have been deluged with litigation regarding allegations of repressed memories of childhood sexual abuse, leading to considerable debate as to whether the concept itself, not to mention the actual memory, is real or […]

5 01, 2017

The Florida Supreme Court Limits Application of The Efficient Proximate Cause Doctrine

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The Florida Supreme Court just issued its decision in Sebo v. American Home Assurance Co., Inc. in which the Court addressed a perceived conflict between the Second and Third District Courts of Appeal on when “coverage exists when multiple perils combined to create a loss and at least one of the perils is excluded […]

24 06, 2015

THE LAW OF PREMISES LIABILITY – AN OVERVIEW

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by F. Robert Radel, II., Esq. & Andrew A. Labbe, Esq.
People outside the legal profession are often surprised to learn that they could be held liable for injuries sustained by others while on their premises, but which were caused by the actions of third parties. It undoubtedly seems inconceivable to those who have not […]