Submitted by Maureen Martinez on 02 Jun, 2022
When handling a matter that involves a medical emergency suffered by the alleged tortfeasor, it is important to analyze whether the defense of sudden medical emergency is available. If the defense is established, it is a complete bar to negligence. Over the years the defense has been addressed as follows:…
Submitted by Jessica Gregory on 01 Jun, 2022
Pursuant to Fla. Stat. Ann. § 627.409, an insurer may rescind an insurance policy based upon a material misrepresentation in the application for insurance. This statute permits rescission for misrepresentation of “[a]ny statement or description made by or on behalf of an insured”. Thus, the misrepresentation does not necessarily have…
Submitted by Jessica Gregory on 25 Apr, 2022
General liability insurance policies provide coverage for “property damage”. Property damage is typically defined as: “Physical injury to tangible property including all resulting loss of use of that property.” The case law in Florida makes it clear that there is a difference between a claim for removal / replacement of…