Florida Supreme Court News

Florida Supreme Court Refuses to Adopt Medical Malpractice Rule

The Supreme Court refused Thursday to adopt a state rule reflected in a law that creates restrictions on doctors who can testify during medical malpractice trials, agreeing it would have a chilling effect on the ability to find expert witnesses. …

Florida Supreme Court Limits Economic Loss Doctrine to Product Liability Cases

In what will go down in legal history as one of the clearest and most forthright decisions in recent memory, the Florida Supreme Court has issued an opinion which limits the application of the Economic Loss Doctrine (ELD) to cases …

Florida Supreme Court Says That Replacement Cost Includes Profit and Overhead

The Florida Supreme Court in Trinidad v. Florida Peninsula Ins. Co., 2013 WL 3333823 (Fla. July 3, 2013) held that replacement cost coverage was required to include overhead and profit in cases where the insured was reasonably likely to need …

Florida Court Reaffirms Extrinsic Evidence is Not Permitted to Resolve Ambiguity in an Insurance Contract

In Washington National Ins. Corp. v. Ruderman, 117 So.3d 943 (Fla. 2013) the Eleventh Circuit United States Court of Appeals certified a question to the Florida Supreme Court asking the following question: “If an ambiguity exists in [an] insurance policy …

Florida High Court to Hear Appeal in Plancher Case

The Florida Supreme Court has agreed to hear an appeal of the reduction of the monetary award in the wrongful death lawsuit brought by the family of a University of Central Florida football player who died following conditioning drills in …

Florida Clarifies That Extrinsic Evidence May Not Be Used to Resolve Policy Ambiguities

The Florida Supreme Court recently issued an important decision on the use of extrinsic evidence to resolve ambiguities in policy language. In Wash. Nat’l Ins. Co. v. Ruderman, No. SC12-323 (Fla. Jul. 3, 2013), the Florida Supreme Court answered a …

Florida Supreme Court Rules Replacement Cost Includes Contractor’s Profit

Florida’s high court has ruled that insurers under a 2008 law must pay a contractor’s overhead and profit as part of the expense of repairing a homeowner’s property despite the fact the repairs may not have been made. The Florida …

Fear the Next Hurricane More Than Florida Supreme Court’s Ruling on Tiara

The Florida Supreme Court’s ruling on a beachfront condominium association’s lawsuit against its insurance agency generated the kind of initial reaction among insurers matched only when a weather announcer says that Florida is within the cone of probability. As we …

Florida Justices Hearing Breath Testing Machine Case

The Florida Supreme Court is hearing a request from three drunken driving defendants for access to software for breath testing machines. They believe an analysis of the software would show the machines are inaccurate. The justices are hearing oral argument …

Florida Court Allows Drivers to Rebut Presumption of Fault in Rear-End Crashes

Florida’s high court has ruled that drivers that cause an automobile accident by striking another car from behind can still sue the other driver for damages depending on the circumstances of the accident and the other driver’s actions. The Florida …