2012

37 Fla. L. Weekly D1739a
93 So. 3d 482

Estates — Trusts — Trial court properly found that life insurance proceeds payable to decedent’s revocable trust were not exempt from claims of creditors of decedent’s estate where trust provided for payment of estate’s expenses and obligations from trust before distribution of residue to sub-trust for the benefit of decedent’s daughters — Statutory exemption rendering life insurance proceeds unavailable to satisfy estate obligations was waived — Trial court did not err in denying trustee’s petition for reformation of trust where trustee failed to prove by clear and convincing evidence that the trust, as written, did not reflect the settlor’s intent at the time he executed the trust declaration

37 Fla. L. Weekly D1246a
93 So. 3d 352

NOT FINAL VERSION OF OPINION
Subsequent Changes at 37 Fla. L. Weekly D1314b

Insurance — Liability — Coverage — Loss that has already occurred — Where club, which conducted a fund raising festival at which plaintiff was injured in an accident on recreational gear, had no liability insurance, but company which supplied recreational gear did have liability insurance, certificate of insurance issued by insurance broker after the accident had occurred did not confer coverage for club as an additional insured under company’s liability policy — If the certificate of insurance is construed as an agreement to pay a loss already incurred, it would be contrary to public policy — Florida’s insurance laws embody the fortuity and known loss principles, precluding coverage for losses that have already taken place

37 Fla. L. Weekly D2012a
97 So. 3d 905

Insurance — Homeowners — Summary judgment — Summary judgment was inappropriate due to genuine issues of material fact that remain where insurer raised unrefuted affirmative defenses, including that damages were the result of a pre-existing condition and not the burst pipe that precipitated the insurance claim, and that the insured did not allow the insurer an adequate opportunity to inspect the premises or concealed material facts

37 Fla. L. Weekly D46a
76 So. 3d 394

Insurance — Homeowners — Neutral evaluation of sinkhole claim — Order denying insured’s motion to lift stay of proceedings in lawsuit pending completion of neutral evaluation because neutral evaluation did not occur within forty-five days from receipt of request by Department of Financial Services — Insureds are not entitled to certiorari review of order because they have not demonstrated irreparable harm — Stay provision of statute does not constitute an unconstitutional infringement on Florida Supreme Court’s exclusive rulemaking authority in violation of separation of powers doctrine — Petition for writ of mandamus declaring statute unconstitutional denied

37 Fla. L. Weekly D1657b
100 So. 3d 90

Insurance — Homeowners — Sinkhole claim — Neutral evaluation — Trial court departed from essential requirements of law by finding section 627.7074, Florida Statutes, unconstitutional

37 Fla. L. Weekly D1575b
100 So. 3d 85

Insurance — Homeowners — Sinkhole claims — Section 627.7074, Florida Statutes, providing for neutral evaluation of sinkhole claims, is not unconstitutional — Trial court departed from essential requirements of law by finding that statute violates separation of powers by encroaching upon judiciary’s powers and in denying motion to stay court proceedings so that neutral evaluation could be conducted

37 Fla. L. Weekly D2568b
100 So. 3d 239

Insurance — Homeowners — Settlement agreement — There was not a valid agreement to settle insured’s breach of contract action against insurer where insurer’s response to insured’s offer to settle claim did not meet the conditions of insured’s offer — Where insured’s offer to settle claim demanded that two checks be issued, one payable to insured and the mortgagee and the other to the insured, insured’s attorneys, and the public adjuster, but insurer issued only one check, there was no meeting of the minds — Trial court erred in granting insurer’s motion to enforce settlement agreement

37 Fla. L. Weekly D2748a
103 So. 3d 934

Insurance — Homeowners — Windstorm — Breach of contract claim filed against insurer after insurer tendered a check for an amount below estimate prepared by public adjuster, but also notified insured in writing that check did not necessarily constitute a full and final settlement, and that insured could file supplemental claims — No error in entering directed verdict in favor of insurer on insured’s breach of contract claim where policy unambiguously limited insurer’s liability for replacement or repair costs to the lesser of the policy limits, replacement costs for like construction and use, or necessary amounts actually spent to repair or replace — Argument that policy provision violates section 627.7011, Florida Statutes, was not preserved below

37 Fla. L. Weekly D1726b
93 So. 3d 479

Insurance — Homeowners — Liability — Occurrence — Where minors were killed in an automobile accident after having been served alcoholic beverages at the insureds’ residence, there was a single occurrence for coverage purposes, the automobile accident — Trial court erred in finding that each drink provided to each deceased minor constituted a separate occurrence

37 Fla. L. Weekly D1822a
93 So. 3d 528

Insurance — Homeowners — Hurricane damage to roof — Error to grant summary judgment in favor of insurer based on insureds’ failure to provide timely notice of loss, as required by policy, where genuine issue of material fact existed as to whether insurer was prejudiced by any failure of insureds to comply with notice provisions — Although insurer submitted affidavit attesting that it could not determine that damage was caused by hurricane, insureds submitted two reports from individuals who concluded that hurricane had caused the damage