2019

44 Fla. L. Weekly D62a
264 So. 3d 222

Insurance — Automobile liability — Nonjoinder of insurer in action against insured — Plaintiff could not properly maintain a direct action against defendant’s liability insurance company on claims that were not independent of the insurance contract where plaintiff had not obtained a verdict or settlement against defendant — Claims of civil conspiracy and aiding and abetting breach of fiduciary duties were not independent of the insurance contract — Trial court departed from essential requirements of law by denying motion to dismiss based on improper joinder

44 Fla. L. Weekly D2422a
282 So. 3d 933

Insurance — Homeowners — Trial court did not abuse discretion in entering summary judgment for insurer — Absence of transcript prevents meaningful review of whether trial court abused discretion by striking insureds’ counter-affidavit at summary judgment hearing as untimely — Trial court did not abuse discretion by denying motion for rehearing premised upon new evidence

44 Fla. L. Weekly D68a
277 So. 3d 624

Insurance — Homeowners — Sinkhole claim — No error in entering final judgment in favor of homeowners for breach of policy — Remand for corrected order reflecting that when insureds provide insurer with signed contract to complete necessary repairs, insurer shall pay that amount

44 Fla. L. Weekly D1517a
273 So. 3d 1172

Insurance — Sinkhole claims — Trial court did not abuse its discretion by allowing certain unexpected testimony from insured or by denying insurer’s motion for new trial

44 Fla. L. Weekly D2019b
278 So. 3d 231

Insurance — Homeowners — Res judicata — Where court granted summary judgment for insurer in insured’s initial breach of contract action, and appellate court affirmed, insured’s second action which was identical to first action, except that it alleged a greater amount of damages, was barred by res judicata — Intervening change in the law exception to res judicata was not applicable — Insured’s second lawsuit was not a supplemental claim where insured had undertaken no repairs to home

44 Fla. L. Weekly D1898b
276 So. 3d 990

Insurance — Homeowners — Collateral estoppel — Res judicata — Where insureds had made a partial assignment of benefits from insurance policy to a mold testing company prior to filing suit against insurer for damages to home from leaking roof, it was error for trial court to find that insureds’ action against insurer was barred by collateral estoppel and res judicata because jury rendered verdict for insurer in mold testing company’s separate small claims action against insurer — Mold testing company and insureds were not “privies” for purpose of res judicata “identity of parties” requirement

44 Fla. L. Weekly D521b
264 So. 3d 997

Civil procedure — Dismissal — Involuntary — Trial court’s involuntary dismissal of insured’s complaint against homeowner’s insurer as sanction for insured’s disregard of court orders was supported by court’s findings on Kozel factors and evidence underlying those findings

44 Fla. L. Weekly D994b

Insurance — Homeowners — Misrepresentation — Jury’s finding that insureds made material misrepresentations to insurer voided coverage for claimed loss even though jury also awarded damages to insureds

44 Fla. L. Weekly D1726a
278 So. 3d 108

Insurance — Homeowners — Coverage — Trial court properly entered summary judgment finding that policy did not provide coverage for damage caused by plumbing leak in condominium unit where policy required insured to reside in the unit at the time of loss as a condition of coverage, but insured did not reside in the unit at the time of loss — Court’s interpretation of policy did not render the policy illusory where residency provision did not affect other coverages, including personal liability — Insurer did not waive and was not estopped from relying upon the residence provision in denying coverage where insurer was not aware that insured was no longer a resident of unit until it conducted post-loss investigation

44 Fla. L. Weekly D2025a
276 So. 3d 849

Insurance — Condominiums — Subrogation — Vicarious liability — Action seeking to hold condominium owners vicariously liable under section 718.111(11)(j) for their tenants’ alleged negligence in causing water damage to a downstairs unit owned by insureds — No error in granting summary judgment in favor of unit owners — Section 718.111(11)(j) was not intended to create a statutory right of action whereby unit owners or their insurers may hold other unit owners vicariously liable for property damage caused by the tortious acts of the latter’s tenants or occupants — Nothing in section 718.111(11)(j) compromises an insurer’s right to bring a common law subrogation action alleging that a tortfeasor is directly liable for the full amount of damages to an insured unit owner’s property caused by tortfeasor’s own negligence or intentional conduct