Submitted by Robert Gregory on 22 Jan, 2018
Since 1912, the Florida Supreme Court has allowed for the divisibility of an insurance contract when there has been a dispute as to a breach of conditions under one portion of coverage and conformity to provision under another. Harfod Fire Ins. Co. v. Hillis, 64 Fla. 8, 59 So. 785…
Submitted by Jessica Gregory on 15 Jan, 2018
With Carri S. Leininger, Esq. On January 3, 2018, the Third District Court of Appeal held that the trial court erred in abating, rather than dismissing a third party bad faith claim filed in the underlying negligence action against the insured. See GEICO GENERAL INSURANCE COMPANY, v. KATHERINE MARTINEZ, 43…
Submitted by Carri Leininger on 10 Jan, 2018
The Third DCA recently held that a trial court erred in giving an adverse instruction based on a corporation’s failure to locate former employees in response to a 1.310(b)(6) deposition of a corporate representative. Bechtel Corp. v. Batchelor, 43 Fla. L.Weekly D40 (Fla. 3d DCA, December 27, 2017). The appellate…