Volume 19 Archives - Ovadia Law Group, P.A.

EMERGENCY MEDICAL ASSOCIATES OF FLORIDA, LLC, as Assignee of Everett Andrews, Plaintiff, vs. FIRST ACCEPTANCE INSURANCE COMPANY, INC., Defendant.

19 Fla. L. Weekly Supp. 396b

Online Reference: FLWSUPP 1905ANDRInsurance — Venue — Forum non conveniens — Insurer’s motion to transfer venue is granted where medical provider claimed in complaint that it is domestic corporation with principal place of business in Volusia County, but insurer presented unrebutted evidence that provider’s principal place of business is Hillsborough County, and provider argued that venue in Volusia is proper because its billing provider is located there, but did not submit affidavits in defense of its choice of venue or contest insurer’s assertion that most witnesses live in Hillsborough County

STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Appellant(s), vs. PETER J. DORAN, D.C., P.A., A/A/O JAMIE LO BIANCO, Appellee(s).

19 Fla. L. Weekly Supp. 1053a

Online Reference: FLWSUPP 1913BIANInsurance — Venue — Forum non conveniens — Trial court did not depart from essential requirements of law in denying without prejudice insurer’s motion to transfer venue from Miami-Dade County to Hernando County where, although insurer alleged without dispute that more witnesses and documents were located in Hernando County, insurer, which was located in Miami-Dade County, cannot claim inconvenience or tactical disadvantage in forum selected by plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Appellant, v. PETER J. DORAN, D.C., P.A., A/A/O JAMIE LO BIANCO, Appellee.

19 Fla. L. Weekly Supp. 905b

Online Reference: FLWSUPP 1911BIANInsurance — Venue — Appeals — Petition for certiorari filed more than one year after entry of challenged order denying motion to transfer venue was untimely filed

PAN AM DIAGNOSTICS CENTER, INC., (a/a/o Walas Dexaus), Plaintiff, vs. LIBERTY MUTUAL INSURANCE COMPANY, Defendant.

19 Fla. L. Weekly Supp. 487a

Online Reference: FLWSUPP 1906DEXAInsurance — Venue — Motion to transfer venue or dismiss for forum non conveniens that is not sworn or accompanied by supporting affidavit is denied without prejudice to refiling with sworn proof

STATE FARM MUTUAL AUTOMOBILE INS. CO. as Subrogee of EUGENE W. SKINNER, JR., Plaintiff, vs. KIARA ARCAI-SHANEE ALSTON, an Individual and ANGELA JACKSON DAVIS, an Individual, AKA ANGELA EVETTE DAVIS, Defendants. Circuit

19 Fla. L. Weekly Supp. 260a

Online Reference: FLWSUPP 1904SKINInsurance — Underinsured motorist — In action for contractual subrogation of underinsured motorist benefits, requirement that insurer obtain release from its insured is not applicable — Requirement exists, if at all, only in claims for equitable subrogation

DEUTSCHE BANK NATIONAL TRUST, etc., Plaintiff/Counter-Claim Defendant, vs. JAGRANIE VIEIRA, et al., Defendants/Cross and Counterclaimants, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., etc., Cross-claim Defendant. JAGRANIE VIEIRA, Third-Party Plaintiff, vs. GMAC MORTGAGE, LLC, a foreign corporation, and STATE FARM FLORIDA INSURANCE COMPANY, a Florida corporation, Third-Party Defendants.

19 Fla. L. Weekly Supp. 469c

Online Reference: FLWSUPP 1906VIEIInsurance — Fourth amended third-party complaint against insurer is dismissed with prejudice — Common law claim for contribution or indemnity is barred by economic loss rule, and insurance contract to which complaint refers pertains to real property that is not subject of litigation

STATE FARM FIRE AND CASUALTY COMPANY as Subrogee of CARMEN E. ESGUERRA, Plaintiff, vs. PATRICIA ANDERSON SHETLER, an Individual, AKA PATRICIA MARIE SHETLER, Defendant.

19 Fla. L. Weekly Supp. 876a

Online Reference: FLWSUPP 1910ESGUInsurance — Subrogation — Plaintiff stating claim for contractual subrogation for property damage, not claim for equitable subrogation, is not required to obtain release of defendant from its insured before bringing claim

SOUTH FLORIDA MOBILE OPEN MRI, INC. as assignee of Daniel Garcia, Plaintiff, vs. MGA INSURANCE COMPANY, Defendant.

19 Fla. L. Weekly Supp. 293a

Online Reference: FLWSUPP 1904DGARInsurance — Proposal for settlement — Enlargement of time to respond

CYNTHIA BAILEY, an insured individual by and through her assignee, JEFFREY L. TEDDER M.D., P.A., Plaintiff, v. FIRST FLORIDIAN AUTO & HOME INSURANCE COMPANY, a Florida corporation, Defendant.

19 Fla. L. Weekly Supp. 407a

Online Reference: FLWSUPP 1905BAILInsurance — Settlement agreement — Enforcement — Where insurer has not complied with terms of offer of judgment accepted by medical provider, motion to enforce settlement agreement is granted

AIR MOVERS STRUCTURAL DRYING & CLEANING SPECIALISTS a/a/o JUDY DIRR, Plaintiff(s), vs. FIDELITY FIRE & CASUALTY COMPANY d/b/a FRONTLINE HOMEOWNERS INSURANCE, Defendant(s).

19 Fla. L. Weekly Supp. 735a

Online Reference: FLWSUPP 1909DIRRInsurance — Property — Assignment — “No assignment” clause in insurance policy did not prevent insured from assigning insurance proceeds to water removal service after loss — Assignment is sufficient to confer standing on assignee — Insured is not indispensable party to assignee’s action against insurer — No merit to insurer’s assertions that complaint is insufficient or that attorney’s fee demand by assignee is not valid

Volume 19

Case Search

EMERGENCY MEDICAL ASSOCIATES OF FLORIDA, LLC, as Assignee of Everett Andrews, Plaintiff, vs. FIRST ACCEPTANCE INSURANCE COMPANY, INC., Defendant.

STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Appellant(s), vs. PETER J. DORAN, D.C., P.A., A/A/O JAMIE LO BIANCO, Appellee(s).

STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Appellant, v. PETER J. DORAN, D.C., P.A., A/A/O JAMIE LO BIANCO, Appellee.

PAN AM DIAGNOSTICS CENTER, INC., (a/a/o Walas Dexaus), Plaintiff, vs. LIBERTY MUTUAL INSURANCE COMPANY, Defendant.

STATE FARM MUTUAL AUTOMOBILE INS. CO. as Subrogee of EUGENE W. SKINNER, JR., Plaintiff, vs. KIARA ARCAI-SHANEE ALSTON, an Individual and ANGELA JACKSON DAVIS, an Individual, AKA ANGELA EVETTE DAVIS, Defendants. Circuit

STATE FARM FIRE AND CASUALTY COMPANY as Subrogee of CARMEN E. ESGUERRA, Plaintiff, vs. PATRICIA ANDERSON SHETLER, an Individual, AKA PATRICIA MARIE SHETLER, Defendant.

SOUTH FLORIDA MOBILE OPEN MRI, INC. as assignee of Daniel Garcia, Plaintiff, vs. MGA INSURANCE COMPANY, Defendant.

CYNTHIA BAILEY, an insured individual by and through her assignee, JEFFREY L. TEDDER M.D., P.A., Plaintiff, v. FIRST FLORIDIAN AUTO & HOME INSURANCE COMPANY, a Florida corporation, Defendant.

AIR MOVERS STRUCTURAL DRYING & CLEANING SPECIALISTS a/a/o JUDY DIRR, Plaintiff(s), vs. FIDELITY FIRE & CASUALTY COMPANY d/b/a FRONTLINE HOMEOWNERS INSURANCE, Defendant(s).

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