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Seeking a protective order from insurance company corporate representative depositions in Declaratory Actions

Submitted by Jessica Gregory and Carri Leininger on 13 Nov, 2023

In declaratory judgment actions pertaining to insurance coverage for an underlying tort suit, an insured will often seek to depose the insurance company. However, if there are no factual issues in dispute, the insurance company should seek a protective order from such a request. Florida Rule…

Second DCA holds payment in response to a Civil Remedy Notice constitutes “confession of judgment.”

Submitted by Jessica Gregory & Carri Leininger on 13 Nov, 2023

In the case styled, NAOMI MARIE STIWICH, as the personal representative of the Estate of Mary Schiro, v. PROGRESSIVE AMERICAN INSURANCE COMPANY and GARY PARSONS,. Case No. 2D22-1505. August 4, 2023, the Second DCA held that an insurance company who issued payment of policy limits in response to…

Personal Jurisdiction over an employee does not exist for acts committed on behalf of his employer—unless done in his individual capacity.

Submitted by Anthony Stella & Carri Leininger on 13 Nov, 2023

To have jurisdiction over a defendant, a trial court must have personal jurisdiction over said defendant—whether it be specific jurisdiction or general jurisdiction. However, the “corporate shield” doctrine protects an employee from being hauled into court when he commits acts in Florida on behalf of his employer—unless such…