LexisNexis® Legal Newsroom
Mealey's Insurance - Flood Insurance Reform Act Does Not Help Resurrect Coverage, 8th Circuit Affirms

ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on March 7 found that the Biggert-Waters Flood Insurance Reform Act (FIRA) passed by Congress in 2012 does not reinstate coverage for a canceled flood insurance policy, affirming a lower court's ruling in favor of the insurer in a lawsuit seeking coverage for homes destroyed by Missouri River flooding (Lyle & Alice Hodde, et al. v. American Bankers Insurance Company of Florida, No. 15-1081, 8th Cir.; 2016 U.S. App. LEXIS 4280).

Mealey's Toxic Tort/Environmental - Jury Awards Widow Of Smoker $350,000 In Engle Progeny Suit

FORT LAUDERDALE, Fla. - A Florida jury on March 1 awarded the widow of a man who developed lung cancer after years of smoking $350,000 after finding that lung cancer was not the cause of his death (Bernice McCall v. Philip Morris USA, Inc. No. 2007-CV-036888, Fla. Cir., 17th Jud. Cir., Broward Co.).

Mealey's Insurance - Jury Instruction Was 'Improper,' 'Misleading,' Florida Majority Says In Reversal

LAKELAND, Fla. - A majority of a Florida appeals court found Feb. 26 that a lower court gave an improper jury instruction on a homeowners insurer's burden of proof and compounded its error with a misleading instruction as to the directed verdict it entered in favor of the insureds, reversing and remanding a $542,883.49 judgment in favor of the insureds in a sinkhole coverage dispute (Citizens Property Insurance Corp. v. Rona Salkey, et al., No. 2D14-3002 consolidated with No. 2D14-5077, Fla. App., 2nd Dist.; 2016 Fla. App. LEXIS 2840).

Mealey's Labor & Employment - 11th Circuit: Florida Tribe's Casino Immune From Fired Worker's Claims

ATLANTA - The 11th Circuit U.S. Court of Appeals on Feb. 24 affirmed dismissal of a fired security guard's gender discrimination and retaliation claims against the Seminole Tribe of Florida's casino, holding that the tribe is a federally recognized Indian tribe entitled to sovereign immunity (Stanley Longo v. Seminole Indian Casino-Immokalee, No. 15-12460, 11th Cir.; 2016 U.S. App. LEXIS 3160).

Mealey's Banking & Finance - Federal Judge Finds Court Lacks Jurisdiction Under Rooker-Feldman Doctrine

TAMPA, Fla. - After finding that it lacked jurisdiction over claims asserted by a former property owner's claims related to a mortgage under the doctrine established in Rooker v. Fidelity Trust Co. (263 U.S. 413 [1923]) and District of Columbia Court of Appeals v. Feldman (460 U.S. 462 [1983]) and that the claims were barred by res judicata, a Florida federal judge on Feb. 23 granted a motion to dismiss the case (Albert Salmon v. Aurora Loan Services LLC, et al., No. 8:15-cv-2339, M.D. Fla.; 2016 U.S. Dist. LEXIS 21854).

Mealey's PI/Product Liability - Jury Finds Florida Woman Was Not Engle Class Member

PALM BEACH, Fla., - A Florida jury on Feb. 23 found that a woman who sued two tobacco companies claiming that they concealed the dangers of smoking from her was not a member of the Engle class and, therefore, entered a verdict in favor of the defense (Elizabeth Ann Smith, et al. v. R.J. Reynolds Tobacco Co., No. 2007-CA-023930, Fla. Cir., 15th Jud. Cir., Palm Beach Co.).

Mealey's Insurance - Panel: District Court Focused Analysis On Wrong Party In Bad Faith Suit

ATLANTA - A federal district court erred in granting summary judgment in favor of an insurer in an insurance bad faith lawsuit because the court's analysis focused on the wrong party, which contradicts Florida law, an 11th Circuit U.S. Court of Appeals panel ruled Feb. 19 (Joshua Moore v. GEICO General Insurance Co., No. 14-13356, 11th Cir.; 2016 U.S. App. LEXIS 2874).

Mealey's Insurance - Florida Panel: Court Erred In Requiring Insurer To Pay For Subsurface Repairs

LAKELAND, Fla. - A Florida appeals panel on Feb. 19 held that a lower court erred in ordering an insurer to pay for its insureds' subsurface repairs before the insureds entered into a contract for those repairs and in awarding the insureds prejudgment interest, reversing in part the court's $192,207.20 judgment against the insurer in a sinkhole coverage dispute (Citizens Property Insurance Corporation v. Ariety Amat, et al., No. 2D14-4274, Fla. App., 2nd Dist.; 2016 Fla. App. LEXIS 2412).

Mealey's Litigation Procedure - Panel Reverses Order For New Trial In Suit Based On Untimely Daubert Objection

MIAMI - A defendant in a personal injury lawsuit failed to make a timely objection under Daubert v. Merrell Dow Pharmaceuticals, Inc. (509 U.S. 579 [1993]), a Florida appeals panel ruled Feb. 17, reversing a trial judge's decision to grant a new trial following a $93,000 jury verdict (Enzo Rojas v. Yagmerys Rodriguez, No. 3D15-277, Fla. App., 3rd Dist.; 2016 Fla. App. LEXIS 2247).

Mealey's Insurance - Coverage Barred For Carbon Monoxide Poisoning Claims, Federal Magistrate Says

ORLANDO, Fla. - A Florida federal magistrate judge, applying Texas law, on Feb. 12 granted an umbrella liability insurer's motion for summary judgment after determining that the umbrella policy's pollution exclusion clearly bars coverage for injuries arising out of carbon monoxide poisoning regardless of what caused the carbon monoxide to seep into the hotel guests' room (Kenneth E. Shaw, et al. v. Liberty Mutual Fire Insurance Co., No. 15-686, M.D. Fla.; 2016 U.S. Dist. LEXIS 17626).

Mealey's PI/Product Liability - Florida AG Settles Suit With Home Builder Over Defects, Improper Warranty Denials

TALLAHASSEE, Fla. - Florida Attorney General Pam Bondi on Feb. 11 announced that the state had entered into a proposed settlement with KB Homes and its Florida subsidiaries over alleged violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) stemming from the defendants' alleged defective construction of homes and improper denial of warranty claims resulting from the defects (Office of the Attorney General, Department of Legal Affairs, State of Florida v. KB Home, et al., No. 2016-CA-000300, Fla. Cir.; Leon Co.).

Mealey's Labor & Employment - Absolute Employer's Liability Provision Does Not Bar Coverage, Florida Panel Rules

MIAMI - A Florida appeals panel on Feb. 10 held that a general liability insurance policy's "separation of insureds" provision allowed an insured's claimant to pursue her claims stemming from a slip-and-fall injury against additional insureds under the policy, reversing a lower court's ruling that coverage is barred by the "absolute employer's liability" provision (Kerry Taylor v. Admiral Insurance Co., No. 3D14-720, Fla., App., 3rd Dist.; 2016 Fla. App. LEXIS 1807).

Mealey's Insurance - Absolute Employer's Liability Provision Does Not Bar Coverage, Florida Panel Rules

MIAMI - A Florida appeals panel on Feb. 10 held that a general liability insurance policy's "separation of insureds" provision allowed an insured's claimant to pursue her claims stemming from a slip-and-fall injury against additional insureds under the policy, reversing a lower court's ruling that coverage is barred by the "absolute employer's liability" provision (Kerry Taylor v. Admiral Insurance Co., No. 3D14-720, Fla., App., 3rd Dist.; 2016 Fla. App. LEXIS 1807).

Mealey's Insurance - Judge Denies Appraisal For Insured As Unresolved Coverage Issues Remain

MIAMI - Unresolved coverage issues exist for water damage sustained at two insured properties, a Florida federal judge ruled Feb. 8, finding that appraisal is not appropriate until the court resolves all underlying coverage issues (Elena V. Pernas v. Scottsdale Insurance Co., No. 15-21506, S.D. Fla.; 2016 U.S. Dist. LEXIS 15031).

Mealey's Insurance - Abatement Of Bad Faith Claim Is More Appropriate Than Dismissal, Judge Rules

TAMPA, Fla. - A federal judge in Florida on Feb. 8 denied an insurer's motion to dismiss in an insurance bad faith lawsuit, ruling that abatement of certain of an insured's claims is a more proper course of action (Tamara Ley, et al. v. State Farm Mutual Automobile Insurance Co., No. 15-2687, M.D. Fla.; 2016 U.S. Dist. LEXIS 15032).

Mealey's PI/Product Liability - Florida Appeals Court Orders Judge To Reinstate $168,000 Verdict In Defects Suit

LAKELAND, Fla. - A Florida appellate panel on Feb. 5 ordered a trial court judge to reinstate a jury's $168,000 verdict in favor of a woman who claims that the defective construction of her home rendered it worthless, finding that the opinions of a general contractor, a real estate agent and a structural engineer that the home should be demolished showed that the home was valueless (Angela M. Gray v. Mark Hall Homes Inc., et al., No. 2D15-616, Fla. App,. 2nd Dist.; 2016 Fla. App. LEXIS 1578).

Mealey's Insurance - 'Your Work' Exclusion Bars Insured's Faulty Work, Judge Concludes

JACKSONVILLE, Fla. - Damages from an insured's defective work that resulted in water intrusion are precluded under a "your work" exclusion, a Florida federal judge ruled Feb. 3, finding that an insurer has no duty to defend or indemnify the insured (Auto-Owners Insurance Co. v. Elite Homes, Inc., et al., No. 14-1182, M.D. Fla.; 2016 U.S. Dist. LEXIS 12910).

Mealey's IP/Tech - Prevailing Patent Defendants Denied Attorney Fee Award By Florida Federal Judge

ORLANDO, Fla. - A Florida federal magistrate judge's recommendation that a request for attorney fees in a patent case should be denied was adopted in full Feb. 2 by U.S. Judge Anne C. Conway of the Middle District of Florida (Sweepstakes Patent Company v. Chase Burns, et al., No. 14-151, M.D. Fla.; 2016 U.S. Dist. LEXIS 12158).

Mealey's Insurance - Judge: Fact Issues Exist On Additional Insured Status In Construction Defects Case

ORLANDO, Fla. - Genuine issues of material fact exist as to whether a general contractor qualified as an additional insured under a commercial general liability policy and, if so, whether the contractor satisfied the self-insured retention (SIR) endorsement in an underlying construction defects lawsuit, a Florida federal judge held Feb. 1 (Core Construction Services Southeast, Inc. v. Crum & Forster Specialty Insurance Co., No. 14-1789, M.D. Fla.; 2016 U.S. Dist. LEXIS 11487).

Mealey's PI/Product Liability - Prempro Breast Cancer Complaint Dismissed On Pleading Shortcomings

MIAMI - A Florida federal judge on Feb. 1 dismissed without prejudice a woman's claim that Prempro hormone replacement therapy caused her to develop breast cancer (Maggie Tsavaris v. Pfizer, Inc., et al., No. 15-21826, S.D. Fla.; 2016 U.S. Dist. LEXIS 11465).

Mealey's Toxic Tort/Environmental - Florida Appellate Panel Affirms Jury's $5 Million Verdict In Engle Trial

WEST PALM BEACH, Fla. - A Florida appellate panel on Jan. 28 affirmed without opinion a jury's verdict awarding the children of a woman who died from smoking-related illnesses $5 million after finding that R.J. Reynolds Tobacco Co. was responsible for her lung cancer (R.J. Reynolds Tobacco Company v. Willie James Cheeley, et al., No. 4D14-1594, Fla. App. 4th Dist.; 2016 Fla. App. LEXIS 1111).

Mealey's Insurance - Owner, Manager Of Home Health Agencies Convicted Of Submitting False Claims

MIAMI - The owner and manager of three home health agencies was convicted Jan. 21 by a federal jury in Florida for his role in a scheme that involved submitting more than $57 million in fraudulent bills to Medicare (United States of America v. Khaled Blbeblawy, No. 15-cr-20820, S.D. Fla.).

Mealey's Insurance - Florida Majority Affirms Ruling In Favor Of Insureds In Sinkhole Coverage

DAYTONA BEACH, Fla. - A majority of a Florida appeals court on Jan. 22 affirmed a lower court's ruling in favor of insureds in a coverage dispute arising from alleged sinkhole property damage (Tower Hill Prime Insurance Co. v. Douglas Newell, et al., No. 5D14-1363, Fla. App., 5th Dist.; 2016 Fla. App. LEXIS 829).

Mealey's IP/Tech - Supreme Court Denies Review of Patent Case Jurisdiction Dispute

WASHINGTON, D.C. - In the Jan. 19 orders list, the U.S. Supreme Court revealed it will not review a 2015 ruling by the Federal Circuit U.S. Court of Appeals that reversed a Florida federal judge's denial of a motion to dismiss patent infringement allegations (Alps South LLC v. The Ohio Willow Wood Co., No. 15-567, U.S. Sup.).

Mealey's Labor & Employment - Split 5th Circuit Panel Reinstates Officer's Claim Of Retaliatory Termination

NEW ORLEANS - A divided Fifth Circuit U.S. Court of Appeals panel on Jan. 5 vacated a trial court's rejection of a detention center officer's claim of retaliatory firing, finding that there was evidence that the center was inconsistent when it came to firing workers who mistreated inmates, but the majority affirmed the rejection of the officer's remaining claims (Lillie D. Wheat v. Florida Parish Juvenile Justice Commission, No. 14-30788, 5th Cir.; 2016 U.S. App. LEXIS 45).