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…
Submitted by Robert Gregory on 04 Jan, 2018
With Carri S. Leininger, Esq. Plaintiffs filed an action against Tower Hill consisting of three counts: breach of contract; declaratory judgment based on a wear and tear/marring exclusion in the insurance policy; and declaratory judgment seeking declaration that Tower Hill may not unilaterally determine the Actual Cash Value of the…