Category

Appellate / Insurance Litigation

GEICO General Insurance Company v. Martinez, 3D17-1086, 43 Fla. L. Weekly D86a (Fla. 3rd DCA 2017)

By Appellate / Insurance Litigation, Case Notes

By Aaron Proulx, Esquire   In this case, the Third District Court of Appeal addressed the common issue regarding whether an unripe bad faith claim must be dismissed or whether such a claim may be merely abated and remain within the underlying case.  The Third District held that such a claim must be dismissed. This was an automobile accident case.  Plaintiff, Katherine Martinez, filed suit against the tortfeasor, Diana Guevara.  Guevara was insured by GEICO.  Martinez presented a third-party bad…

Read More

Case Note – Upon Confession of Judgment by an Insurer in UM case, Trial Court Lacks Jurisdiction

By Appellate / Insurance Litigation, Case Notes

By: Ryan Hoyle, Esq. The Fifth District Court of Appeal ruled that on the notice of a Confession of Judgment by an insurer in an uninsured/underinsured (“UM”) case, the trial court lacks jurisdiction to take any action other than to enter judgment in the amount of the UM policy limits. An action for bad faith is separate and distinct, and may be brought in a separate action. In GEICO Casualty Co. v. Barber, ___ So. 3d. ____, 2014 WL 3966053,…

Read More

Case Note – 3rd DCA Finds Section 768.0755, Florida Statutes, Governing Notice in Slip and Fall Cases Sould be Retroactively Applied

By Appellate / Insurance Litigation, Case Notes

By: S. Leigh Matchett, Esq. In Kenz v. Miami-Dade County, 116 So.3d 461 (Fla. 3d DCA 2013), the Third District Court of Appeal of Florida faced the issue of whether Section 768.0755, Florida Statutes, should be retroactively applied to cases that were pending during when the statute took effect. At the time of the Appellant’s initial filing, Section 768.0755, Florida Statutes (2002) was in effect and did not require “[a]ctual or constructive notice of the transitory foreign object or substance”…

Read More
Call Now Button