Florida Indemnity Law
 

Robert DuBoise v. City of Tampa, et al.

Tampa, Florida civil rights lawyers represented Plaintiff who sued Defendants claiming his rights were violated by being wrongfully charged and convicted of a crime he did not commit.

"After DNA analysis of newly-discovered evidence “affirmatively excluded him” as a suspect and resulted in the vacatur of his 1985 conviction for murder, Robert DuBoise sues (Doc. 62) the City of Tampa,... More...
   $0 (10-03-2022 - FL)

United States of America v. Robert Howard Lawrence. II

Ocala, Florida criminal defense lawyer represented Defendant charged with receiving stolen government property.

The Veterans Affairs (“VA”) Dependency and Indemnity Compensation (“DIC”) program furnishes a monthly benefit paid to eligible survivors of deceased military service members. If the surviving spouse remarries, however, they are no longer eligible to receive DIC benefits.... More...
   $0 (04-27-2023 - FL)

State Farm Automobile Insurance Company vs James Lightfoot and Marilyn Roseanne Hunt

Tallahassee, Florida - Personal Injury lawyer represented Appellant with seeking to reverse a final judgment in a automobile negligence action.



In 2011, Ms. Hunt rear-ended Mr. Lightfoot. Mr. Lightfoot
walked away from the accident with minor knee and neck pain,
believing he was “going ... More...    $0 (06-18-2022 - FL)

Delector Swanigan, Sr. v. USAA General Indemnity Company




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Jacksonville, FL - Delector Swanigan, Sr. sued USAA General Indemnity Company on a personal injury au... More...
   $1 (04-19-2019 - FL)

Diem N. Orola v. USAA General Liability Indemnity Company




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Jacksonville, FL - Diem N. Orola sued USAA General Liability Indemnity Company on a personal injury auto negligence insurance law theory.

This case was filed in the Fo... More...
   $1 (03-19-2019 - FL)

h The final order of dismissal with prejudice is reversed, and the action is remanded to the circuit court for further proceedings.

Matt Papunen v. Bay National Title Company

Matt Papunen (Buyer) appeals a final order dismissing with prejudice his
complaint against Bay National Title Company (Bay National).1
The Buyer
alleged that although Bay National confirmed at closing Sellers title and the absence
of post-foreclosure appellate or other legal challenges to the Sellers title, Bay
Nationals title examination negligently missed a post-judgm... More...
   $0 (02-20-2019 - FL)

James Haitz, Karen Haitz, Zachary Haitz and Christian Haitz v. Geico General Insurance Company and Starr Indemnity and Liability Company




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Tampa, FL - James Haitz, Karen Haitz, Zachary Haitz and Christian Haitz sued Geico General Insura... More...
   $0 (11-09-2018 - FL)

Alaqua Lake Community Association, Inc. v. Taylor Morrison of Flrodia, Inc., et al.

Seminole County Courthouse - Sanford, Florida

Sanford, FL - The Alaqua Lakes Community Association, Inc. sued Taylor Morrison of Flrodia, Inc., et al. on negligence theories claiming that the Defendants negligently constructed roads in and leading to the Association's property to its detriment and damage.

DATE NUMBER DOCKET CODE DESCRIPTION PAGES VIEW
08/30/2018 940 JINS JURY INSTRUCTIONS (FILED IN OPEN COURT) 30
08/3... More...
   $3800000 (09-05-2018 - FL)

Ava Fields and Wilbur Fields v. USAA General Indemnity Company
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Jacksonville, FL - Ava Fields and Wilbur Fields sued USAA General Indemnity Company on a personal injury auto negligence insurance policy theory.... More...    $0 (06-29-2018 - FL)

BLOK BUILDERS, LLC d/b/a IKON BUILDERS, a Florida limited liability company, Appella nt, v. PEDRO KATRYNIOK, MASTEC NORTH AMERICA, INC., a Florida corporation, and BELLSOUTH TELECOMMUNICATIONS, LLC, d/b/a AT&T FLORIDA

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We deny Appellants Motion for Clarification, Rehearing and/or Rehearing En Banc, withdraw the previous opinion and substitute the following opinion in its place.

Blok Builders, LLC, appeals a final judgment determining that Blok owes Mastec North America, Inc., and BellSouth Telecommunications, LLC, contractual indemnity and a defense in a personal injury action, as well as awarding a... More...
   $0 (05-01-2018 - FL)

Utopia Home Care/Guarantee Insurance Company v. Beatriz Alvarez

The issue before us is the proper interpretation of section 440.093(3), Florida Statutes (2011). Under the plain meaning of the statute, which we will discuss before applying it to the facts of this case, we reverse.
2
Benefits for Mental or Nervous Injury.
At all pertinent times, section 440.093(3) has provided as follows:
Subject to the payment of permanent benefits under s. 440.... More...
   $0 (09-05-2017 - FL)

TROY ANDERSON vs. HILTON HOTELS CORPORATION, etc., et al.

On September 26, 2008, Anderson was the victim of an armed robbery, carjacking, and shooting that occurred in the parking lot of an Embassy Suites hotel in Orlando. Anderson filed an action against Respondents Hilton Hotels
Corporation (Hilton), W2007 Equity Inns Realty, LLC (W2007), Interstate Management Company, LLC (Interstate), and SecurAmerica, LLC for negligence. Hilton was the pa... More...
   $0 (11-07-2016 - FL)

Florida Department of Transportation v. Dorthy Schwefringhaus, et al.

The Florida Department of Transportation (DOT) appealed a judgment
awarding $502,462.22 to CSX Transportation, Inc. (CSX) as indemnity for the
amount of a settlement and related attorneys fees paid by CSX to resolve a
negligence action arising from an accident at a railroad crossing. CSX Transp.,
Inc., 128 So. 3d at 210. CSX requested indemnification under a 1936 crossing More...
   $0 (04-08-2016 - FL)

Travelers Indemnity Co. v. PCR, Inc.

In Turner v. PCR, Inc., 754 So.2d 683 (Fla.2000), we reaffirmed the existence of an intentional-tort exception to the otherwise exclusive nature of the statutory remedy provided by the Workers' Compensation Law. Under the intentional-tort exception, an injured employee can avoid the exclusive-remedy provision of the Workers' Compensation Law and sue his employer in tort if his workplace injury w... More...    $0 (01-08-2016 - FL)

Humana Medical Plan, Inc. vs. Mary Reale, et al.

Humana, the appellant in this case, administers Medicare benefits to enrollees
in its Medicare Advantage plans pursuant to a contract with the Centers for Medicare
and Medical Services. At all relevant times, Mary Reale, the appellee, was enrolled
in a Humana Medicare Advantage plan (Humana Gold Plus H1036-054C). In
January 2009, Mrs. Reale sustained injuries resulting from a... More...
   $0 (12-08-2015 - FL)

Philip Morris USA, Inc. v. Beatrice Sholnick

In this Engle1 progeny case, plaintiff Beatrice Skolnick recovered compensatory damages from two tobacco companiesPhilip Morris USA Inc. and R.J. Reynolds Tobacco Company. The jury found for the defendants on claims of fraudulent concealment and conspiracy to commit fraudulent concealment.
1Engle v. Liggett Group, Inc., 945 So. 2d 1246 (Fla. 2006).
- 2 -
We confront a novel issue in a... More...
   $0 (07-15-2015 - FL)

Eduardo J. Ciprian-Escapa v. City of Orlando

Ines Ciprian and Eduardo Ciprian-Escapa (Appellants) appeal the trial courts
order denying their motion to vacate, set aside, and dismiss the final judgment entered
against them and in favor of the City of Orlando (City). See Fla. R. Civ. P. 1.540(b).
Appellants raise two issues on appeal, only one of which merits discussion. Appellants
maintain that because the damages alleged in... More...
   $0 (07-17-2015 - FL)

Evelina Cuenca v. Nova Southeastern University and New York Rick Services Group, Inc.

In this workers’ compensation case, Claimant argues that the Judge of Compensation Claims (JCC) erred in failing to approve a stipulation whereby the Employer/Servicing Agent (E/SA) would pay Claimant’s attorney a $1,500
attorney’s fee, under section 440.34(3)(a) and (7), Florida Statutes (2013), and reimburse costs in the amount of $275. Because the record does not support the JCC’s r... More...
   $0 (04-09-2015 - FL)

Allison Chase v. Horace Mann Insurance Company

Allison Chase seeks review of the decision of the First District Court of Appeal in Horace Mann Insurance Co. v. Chase, 121 So. 3d 1191 (Fla. 1st DCA 2013), on the ground that it expressly and directly conflicts with the Second District’s decision in Creighton v. State Farm Mutual Auto Insurance Co., 696 So. 2d 1305 (Fla. 2d DCA 1997), on the issue of whether removing the sole named insured from... More...    $0 (02-19-2015 - FL)

Stacy Sanislo v. Give Kids The World, Inc.

This case is before the Court for review of the decision of the Fifth District Court of Appeal in Give Kids the World, Inc. v. Sanislo, 98 So. 3d 759 (Fla. 5th DCA 2012), in which the Fifth District held that an exculpatory clause was effective to bar a negligence action despite the absence of express language referring to release of the defendant for its own negligence or negligent acts. The dist... More...    $0 (02-12-2015 - FL)

John Vernetti and Global Trustee Services, Inc. v. American-Indian Enterprises, Inc., et al.

John Vernetti and Global Trustee Services, Inc. (“Global Trustee”) appeal the trial court’s non-final order denying their motion to compel arbitration of a cross-claim filed by Appellees, America-Indian Enterprises, Inc. (“America-Indian”), Kumar Rajagopalan, and Joseph Archiprete.1 Vernetti and Global Trustee maintain that the cross-claim is arbitrable because it arose out of and is dir... More...    $0 (12-17-2014 - FL)

Trans Health Management, Inc., et al. v. Richard Nunziata

In these consolidated cases arising out of the death of a nursing home resident, defendant Trans Health Management, Inc. (THMI), and nonparties Alan M. Grochal1 (the Receiver), Maria Elena Chavez-Ruark (the Receiver's counsel), Fundamental Long Term Care Holdings, LLC (FLTCH), Murray Forman, Leonard Grunstein, and Fundamental Administrative Services, LLC (FAS) seek review of the final judgment ent... More...    $0 (12-19-2014 - FL)

Yazan Khatib v. Old Dominion Insurance Company

The issue in this case is whether Old Dominion Insurance Company has a duty to defend and indemnify four doctors who are defendants in a third-party
defamation claim, appended to a multi-faceted action for fraud, conversion, civil conspiracy, breach of contract, and other causes of action, being prosecuted by them against the president and founder of a medical practice they all once enjoyed to... More...
   $0 (12-05-2014 - FL)

Florida Insurance Guaranty Association, Inc. v. Tammy Bernard

Florida Insurance Guaranty Association, Inc. (FIGA), appeals the final summary judgment ordering it to pay approximately $237,000 directly to Tammy Bernard for sinkhole loss to her home. FIGA argues that the trial court erred in determining that its liability for this loss was governed by the 2010 definition of “covered claim” in section 631.54(3), Florida Statutes, rather than the more restri... More...    $0 (05-18-2014 - FL)

Preben Olesen v. General Electrict Capital Corporation

Preben Olesen ["Olesen"] appeals a partial final judgment entered against him and in favor of General Electric Capital Corporation ["GECC"], in which the trial court dismissed all claims against GECC for failure to state a cause of action and denied Olesen's ore tenus motion to amend his Second Amended Complaint.

On November 25, 2009, Olesen filed a complaint against Lowndes, Drosdick, Dost... More...
   $0 (02-07-2014 - FL)

FCCI Commercial Insurance v. James A. Armour

FCCI Commercial Insurance Company (FCCI) seeks a writ of certiorari to review the order staying its declaratory judgment action against its insured pending the resolution of an arbitration action and liability action between the insured and a third party. For the reasons explained below, we grant the petition.

Facts

The underlying arbitration and liability actions arise from James Ar... More...
   $0 (02-05-2014 - FL)

Manuel Cespedes, Jr. v. Yellow Transportation, Inc.

We deny Appellees’ Motion for Rehearing and Motion for Rehearing En Banc, withdraw our original opinion dated April 24, 2013, and substitute this opinion in its place.

2

In this workers’ compensation appeal, Claimant challenges an order of the Judge of Compensation Claims (JCC) that denies in part his claims for workers’ compensation benefits. Claimant argues the JCC erred by (... More...
   $0 (11-26-2013 - FL)

American Home Assurance Co., Inc. v. John Robert Sebo

John Sebo purchased property insurance for his home in Naples, Florida, from American Home Assurance Company (AHAC). After the home was substantially damaged by rain and a hurricane, AHAC denied Sebo’s claim for the damages based on several coverage exclusions. Sebo filed a declaratory action seeking coverage and a jury found in his favor. The circuit court entered a judgment for more than $8,00... More...    $0 (09-18-2013 - FL)

Terry Tsafatinos v. Family Dollar Stores of Florida, Inc.

Terry Tsafatinos and Sigma TAF Management, Inc., appeal the trial court's order dismissing Mr. Tsafatinos' third-party claims for common law indemnity and for breach of contract against Family Dollar Stores of Florida, Inc. We affirm in part and reverse in part.

I. Background

Family Dollar Stores of Florida, Inc. (Family Dollar), leased its business premises from Terry Tsafatinos, in... More...
   $0 (06-21-2013 - FL)

GEICO General Insurance Company v. Virtual Imaging Services, Inc.

The issue presented to the Court is whether the Medicare fee schedules set forth in section 627.736(5)(a), Florida Statutes (2008), authorized an insurer to limit reimbursements for medical services rendered to an insured without giving notice in the insurance policy of the insurer’s election to use the Medicare fee schedules as the basis for calculating reimbursements.1

_________________... More...
   $0 (07-03-2013 - FL)

Diplomat Properties Limited Partnership v.l Tecnoglass

Appellant, Diplomat Properties, L.P. (“Diplomat”), appeals an order which dismissed all of its claims against the defendants, Tecnoglass USA, Inc., and Tecnoglass Colombia S.A., Inc. (collectively “Tecnoglass”). In this appeal, Diplomat challenges only the dismissal of its common law indemnity claim. We reverse.

Diplomat is the owner of the Westin Diplomat Resort and Spa (the “hot... More...
   $0 (05-22-2013 - FL)

Safeco Insurance Company of Illinois v. Adrian Fridman

Safeco appeals from an adverse final judgment in a lawsuit for uninsured/underinsured (UM) benefits brought by its insured, Adrian Fridman. Prior to trial, Safeco tendered payment to the insured for the UM policy limits of $50,000 and filed a “Confession of Judgment” and a “Motion for Entry of Confession of Judgment.” Despite the fact that Safeco’s tender of policy limits and confession ... More...    $0 (05-24-2013 - FL)

Pilot Construction Services, Inc. v. Babe's Plumbing, Inc.

Pilot Construction Services, Inc. (Pilot), appeals a final summary judgment entered on its cross-claims against Babe's Plumbing, Inc. (Babe's), in litigation initiated by New College against Pilot and Babe's.1 In moving for summary judgment, Babe's

_______________________

1There were several other parties and claims involved in the lawsuit below, but claims were settled and parti... More...
   $0 (04-26-2013 - FL)

Manuel Cepedes, Jr. v. Yellow Transportation, Inc.

In this workers’ compensation appeal, Claimant challenges an order of the Judge of Compensation Claims (JCC) that denies in part Claimant’s claim for workers’ compensation benefits. Claimant argues the JCC erred by (1) improperly

2

shifting onto Claimant the burden to prove the compensable injury was the major contributing cause (MCC) of his disability and need for surgery; (2)... More...
   $0 (04-24-2013 - FL)

Tiara Condominium Assocation, Inc. v. Marsh & McClennan Companies, Inc.

As we stated in our earlier opinion recorded at Tiara Condominium Association, Inc., v. Marsh & McClennan Companies, Inc., 607 F.3d 742 (11th Cir. 2010), this appeal arises from a contract between an insurance broker and the association responsible for managing the condominium tower located on Singer Island, Florida. The tower suffered extensive wind damage from two hurricanes in September 2004. T... More...    $0 (04-18-2013 - FL)

CVS Caremark Corporation v. Kristen Latour

In this workers’ compensation case, the Employer and Servicing Agent (E/SA) petition for a writ of certiorari to review an order denying their amended

2

motion for protective order. The E/SA contend that the order departs from the essential requirements of law by allowing Claimant to take the adjuster’s deposition in the county where this action is pending instead of the county w... More...
   $0 (03-28-2013 - FL)

Allstate Insurance Company v. Total Rehab and Medical Centers

Petitioners, Allstate Insurance Company, Allstate Indemnity Company, Deerbrook Insurance Company, and Northbrook Indemnity Company (hereinafter “Petitioners”), filed suit in Palm Beach circuit court seeking monetary damages from Total Rehab and Medical Centers, Inc., Prosper Diagnostic Center, Inc., and Family Medical and Rehab Centers, Inc. (hereinafter “Respondents”). During the pretrial... More...    $0 (03-13-2013 - FL)

DOMINGO CABRERA V. OUTDOOR EMPIRE and FCCI INSURANCE

In this workers’ compensation appeal, Claimant challenges the Judge of Compensation Claims’ (JCC’s) conclusion that the terms of a mediation agreement, whereby the parties agreed to settle Claimant’s entitlement to workers’ compensation benefits in their entirety, were binding and enforceable, and require Claimant to execute settlement documents. Because Claimant was unrepresented at the... More...    $0 (02-19-2013 - FL)

Fish Tale Sales & Services, Inc. v. William Nice

Fish Tale Sales and Service, Inc., petitions for certiorari review of an order denying its motion to file a third-party complaint in the underlying action. Because we conclude that the circuit court departed from the essential requirements of the law in denying Fish Tale's motion, resulting in material harm that cannot be remedied on plenary appeal, we grant the petition and quash the order on rev... More...    $0 (02-01-2013 - FL)

Pilot Construction Services, Inc. v. Babe's Plumbing, Inc.

Pilot Construction Services, Inc. (Pilot), appeals a final summary judgment entered on its cross-claims against Babe's Plumbing, Inc. (Babe's), in litigation initiated by New College against Pilot and Babe's.1 In moving for summary judgment, Babe's argued that New College's release of Babe's in connection with their settlement barred Pilot's claims against Babe's. Babe's also argued that Pilot's i... More...    $0 (02-01-2013 - FL)

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