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Blog Posts in January, 2017

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  • Eleventh Circuit Court of Appeals rules that stranger-originated life insurance is incontestable two years after issuance date
    Eleventh Circuit Court of Appeals rules that stranger-originated life insurance is incontestable two years after issuance date

    On January 25, 2017, in Pruco Life Insurance Company v. Wells Fargo Bank, N.A., No. 13-12135, the Eleventh Circuit Court of Appeals held that a stranger-originated life insurance policy (a policy ...

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  • Fourth District Court of Appeal holds that insurer did not exercise bad faith in failing to settle claim because the insurer's actions at most amounted to negligence rather than bad faith
    Fourth District Court of Appeal holds that insurer did not exercise bad faith in failing to settle claim because the insurer's actions at most amounted to negligence rather than bad faith

    On January 4, 2017, in Geico General Insurance Company v. Harvey (No. 4D15-4724), the Fourth District Court of Appeal reversed the trial court's denial of defendant's directed verdict motion in a ...

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  • Fourth District Court of Appeal reverses trial court's finding that party's proposal for settlement was ambiguous and unenforceable
    Fourth District Court of Appeal reverses trial court's finding that party's proposal for settlement was ambiguous and unenforceable

    On January 4, 2017, in Kiefer v. Sunset Beach Investments, LLC, No. 4D16-707, the Fourth DCA reversed a trial court's finding that a defendant's proposal for settlement in a professional negligence ...

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  • Fifth District Court of Appeal reverses a judgment in favor of medical negligence plaintiff and remands for new trial because of erroneous admission of surprise testimony from plaintiff's expert
    Fifth District Court of Appeal reverses a judgment in favor of medical negligence plaintiff and remands for new trial because of erroneous admission of surprise testimony from plaintiff's expert

    On January 20, 2017, in Doctors Company v. Plummer (Case No, 5D15-1963), the Fifth DCA reversed a judgment in a favor of medical negligence plaintiff and remanded for new trial because of an erroneous ...

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  • Fourth DCA reverses Engle progeny tobacco case award based on trial court's failure to reduce the jury's compensatory damages by the plaintiff's comparative fault
    Fourth DCA reverses Engle progeny tobacco case award based on trial court's failure to reduce the jury's compensatory damages by the plaintiff's comparative fault

    On January 4, 2017, in R.J. Reynolds Tobacco Company v. Grossman (No. 4D13-3949), the Fourth DCA ruled that the trial court had erred in a Engle progeny tobacco case in failing to reduce the jury's ...

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  • Fourth DCA rules that failure to state whether attorney's fee were part of claim in proposal for settlement did not make proposal invalid because plaintiff had not sought attorney's fees in complaint
    Fourth DCA rules that failure to state whether attorney's fee were part of claim in proposal for settlement did not make proposal invalid because plaintiff had not sought attorney's fees in complaint

    On January 4, 2017, in American Home Assurance Company v. D'Agostino, the Fourth DCA ruled that a defendant insurance company's failure to include a provision addressing attorney's fees in a proposal ...

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