Timothy R. Engelbrecht | Butler Weihmuller Katz Craig Experts are key witnesses in any case. They have the ability to testify about things that are usually beyond the scientific or technical understanding of the average person. If the expert is good at conveying that sort of information, it can have a big impact on how… Continue reading Can I Knock the Opposing Expert Out? Understanding How Florida Courts Allow or Prevent Proposed Experts
Tag: Florida
Fla. Regulator Approves Roof Endorsements that Could Bar Non-Storm Claims
William Rabb | Claims Journal Despite the Florida Legislature taking major steps to rein in the cost of roof claims and litigation, at least two insurers have come out with broad roof endorsements that seek to bar claims for wear and tear, poor workmanship and design issues – except for damage caused by named storms.… Continue reading Fla. Regulator Approves Roof Endorsements that Could Bar Non-Storm Claims
Florida’s Circuit Split on Expert Opinions Reveals a Decade-Long Divide
Michael Kranzler and Krithika Venugopal | Chartwell Law Where an insured does not fulfill his or her contractual duty to provide prompt notice and an insurer claims it was prejudiced as a result, Florida courts apply a two-step analysis to determine the impact of the notice. Courts determine whether (1) the insured’s notice was late… Continue reading Florida’s Circuit Split on Expert Opinions Reveals a Decade-Long Divide
Nondelegable Duty of Care Owed to Third Persons
David Adelstein | Florida Construction Legal Updates Although a personal injury case, the recent opinion in Garcia v. Southern Cleaning Service, Inc., 48 Fla.L.Weekly D977a (Fla. 1stDCA 2023) raises an interesting issue regarding nondelegable duties owed to third persons applicable in negligence actions. Remember, in order for there to be a negligence claim, the defendant MUST owe a duty of care to… Continue reading Nondelegable Duty of Care Owed to Third Persons
An In-Depth Look at Changes Impacting Insurers Arising from Florida’s New Tort Reform Act
Jedidiah Vander Klok, Jordan Lewis and Scott Newman | Kennedys On March 24, 2023, Florida passed a sweeping tort reform bill into law, making major changes to civil litigation in the state. In anticipation of the Governor signing the bill into law, the number of new cases initiated throughout the state in March 2023 was… Continue reading An In-Depth Look at Changes Impacting Insurers Arising from Florida’s New Tort Reform Act