2014

39 Fla. L. Weekly D1350c
164 So. 3d 684

Insurance — Fire — Ordinance or law coverage endorsement — Provision of ordinance or law endorsement which provided that insurer would not pay for increased cost of construction due to enforcement of ordinance or law unless repairs or replacement are made within two years after loss was a forfeiture provision, and was waived by insurer — Insurer waived the provision by failing to bring the provision to insured’s attention despite knowing that insured expected the entire claim to be paid and by continuing to adjust the entire claim after the two-year period expired

39 Fla. L. Weekly S647a
154 So. 3d 1106

Insurance — Uninsured motorist — Coverage — Insured injured while riding as passenger in insured vehicle being driven by permissive user — Family vehicle exclusion for uninsured motorist benefits does not conflict with section 627.727(3), Florida Statutes, when the exclusion is applied to a class I insured who seeks such benefits in connection with a single-vehicle accident where the vehicle was being driven by a class II permissive user, and where the driver is underinsured and liability payments from the driver’s insurer, when combined with liability payments under the class I insured’s policy, do not fully cover the class I insured’s medical costs — Uninsured motorist benefits are not stackable under section 627.727(9), Florida Statutes, where such benefits are claimed by an insured policyholder, and where a non-stacking election was made by the purchaser of the policy, but where the insured claimant did not elect non-stacking benefits — Family vehicle exclusion in an automobile policy, which excludes a family vehicle from the definition of an uninsured motor vehicle, does not conflict with section 627.727(3), Florida Statutes — Uninsured motorist benefits are not stackable under section 627.727(9) if the named insured or purchaser of the policy made a non-stacking election, as this waiver applies on behalf of all insureds under the policy

39 Fla. L. Weekly D2338a
151 So. 3d 55

Insurance — Liability — Exclusions — Claims arising from assault and battery — Coverage was excluded under assault and battery exclusion for claim against insured by plaintiff who was stabbed on insured’s premises by a patron — Error to find that insurer had a duty to defend action against insured

39 Fla. L. Weekly D1864e
152 So. 3d 2

Insurance — Homeowners — Coverage — Ambiguities — Property loss caused by large amount of water flowing from pipe going to home’s upstairs toilet for period of over 30 days while owners were out of town — Latent ambiguities existed which precluded entry of summary judgment where policy covered sudden and accidental direct physical loss to property, but excluded coverage for seepage of water from within or around plumbing fixtures, and relevant facts regarding whether water escaped as an escalating leak or as a burst that continued at a constant rate remain unresolved

39 Fla. L. Weekly D2383a
152 So. 3d 60

Insurance — Homeowners — Liability — Exclusions — Sexual molestation — Trial court properly found that policy did not cover insureds for their negligent supervision of child who was allegedly sexually battered by insureds’ child while in the care of insureds — Policy exclusion is clear and unambiguous

39 Fla. L. Weekly D2016c
147 So. 3d 659

Insurance — Homeowners — Liability — Trial court erred in finding that homeowners policy did not provide personal liability coverage for claim of negligent supervision for underlying intentional tort of battery committed by insureds’ son — Intentional act exclusion and severability clause, which stated that the insurance applied separately to each insured, created a policy ambiguity which is resolved in insureds’ favor

39 Fla. L. Weekly D2068a
155 So. 3d 367

Insurance — Homeowners — Conditions precedent to suit — Examination under oath

39 Fla. L. Weekly D993b
155 So. 3d 367

NOT FINAL VERSION OF OPINION
Subsequent Changes at 39 Fla. L. Weekly D2068a

Insurance — Homeowners — Conditions precedent to suit — Examination under oath — Error to enter summary judgment for defendant insurer in insureds’ action for breach of insurance contract on ground that insureds failed to appear for examination under oath where insureds complied to some extent with requirements of policy — Summary judgment was precluded by factual question as to whether there was sufficient breach of cooperation provisions of policy to deny insureds any recovery under policy

39 Fla. L. Weekly D2471a
161 So. 3d 576

Insurance — Homeowners — Sinkhole claim — Claim for breach of contract against insurer that refused to pay claim after its expert engineer determined that there was no sinkhole activity and no structural damage to property — Trial court erred in allocating the burden of proof by finding that insured had burden of proof to show that damage to home was caused by sinkhole activity during policy period — In the case of all risks policy with sinkhole endorsement, insured had burden of proving that insured property suffered a loss while policy was in effect, and burden then shifted to insurer to prove that the loss was excluded from coverage — Evidence — Impeachment — Error to exclude impeachment evidence of the amount insurer had paid to firm that employed insurer’s engineer expert during previous three years

39 Fla. L. Weekly S721a
152 So. 3d 557

Insurance — Employer liability — Action by estate of deceased employee against employer’s employer liability insurer to collect judgment against employer in wrongful death action — Standing — Estate has standing to bring breach of contract action against employer liability insurer — Workers’ compensation exclusion in employer liability policy excludes coverage of estate’s wrongful death judgment against employer — Release in workers’ compensation settlement agreement precludes estate from collecting judgment from employer liability insurer