Legal Topics

ERROR TO GRANT SUMMARY JUDGMENT FOR DEFENDANT BASED ON VICARIOUSLY LIABILITY UNDER THE DANGEROUS INSTRUMENTALITY DOCTRINE BASED ON THE EMPLOYEE VIOLATING THE TERMS OF HIS EMPLOYMENT AGREEMENT PROHIBITING HIM FROM DRIVING WHILE INTOXICATED
Sep 09th, 2025 in by admin

ERROR TO GRANT SUMMARY JUDGMENT FOR DEFENDANT BASED ON VICARIOUSLY LIABILITY UNDER THE DANGEROUS INSTRUMENTALITY DOCTRINE BASED ON THE EMPLOYEE VIOLATING THE TERMS OF HIS EMPLOYMENT AGREEMENT PROHIBITING HIM FROM DRIVING WHILE INTOXICATED Kieffer v. Ferrera Construction, 50 Fla. L.…


[ Click To Read The Rest ]

Insurance — Personal injury protection — Rescission of policy — Material misrepresentations on application — Failure to disclose prior PIP claim — Insurer not entitled to summary judgment on its affirmative defense that recovery under policy was barred because the insured failed to disclose on application that he had made a PIP claim within 36-month period preceding application date — Records of medical providers related to a prior PIP claim with another insurer are unauthenticated, inadmissible hearsay that cannot be considered in support of insurer’s motion for summary judgment on material misrepresentation defense — Even if admissible, records show that prior PIP claim was made by medical providers to whom insured had assigned policy benefits, not by insured — Because insurer pled defense that insured made prior PIP claim, it cannot now proceed on unpled argument that providers made claims “on behalf” of insured; and in any event, there is no evidence or inference that providers made claims for insured’s benefit — Summary judgment entered in favor of provider/assignee
Sep 05th, 2025 in by admin

Insurance -- Personal injury protection -- Rescission of policy -- Material misrepresentations on application -- Failure to disclose prior PIP claim -- Insurer not entitled to summary judgment on its affirmative defense that recovery under policy was barred because the…


[ Click To Read The Rest ]