Summary Judgment on Behalf of an Insurer in a First-Party Property Matter:
Julie Oglesby of Hassell-Legal, P.A. recently won Summary Judgment on behalf of an insurer in a first-party property matter. In that case, an insured was suing the insurer for benefits related to a theft loss. During the course of the pre-suit claim investigation, the insured failed to provide the insurer with a signed contents inventory form and other required claim documents. Based on the failure to comply with the condition precedent under the policy, Ms. Oglesby successfully convinced the Court it was fatal to the insured’s claim, and Summary Judgment was awarded in favor of the insurance company. See Order here.
The Successful Defense of an Uninsured Motorist Insurer’s Right of Subrogation:
In Green v. United States, Case No. 6:11-cv-1774-Orl-18KRS, we were successful in defending an uninsured motorist’s insurer’s right to seek subrogation against an alleged tortfeasor. In that case, the plaintiff sued the United States as tortfeasor, claiming that the plaintiff was injured by a government employee’s negligent operation of an automobile. The plaintiff sued his own uninsured motorist insurer as well, arguing that he should be entitled to make an uninsured motorist coverage claim because the United States government vehicle was not covered by a traditional automobile insurance policy. On behalf of the UM insurer, we filed a crossclaim for subrogation against the United States. The United States moved to dismiss the crossclaim, arguing that Florida Statute 727.727(6)(b) should prevent the UM insurer from asserting a subrogation claim until the UM claim was finally resolved, under the Florida Supreme Court’s recent Tepper opinion. On behalf of the UM insurer, we pointed out that the statute only applies to situations in which the tortfeasor has liability insurance and that liability insurance has been offered to settle the claim. Senior United States District Judge Sharp agreed, and denied the United States’ motion. Following that denial, the plaintiff and the United States stipulated for the dismissal of the insurer from the action. Copy of order
Dismissal Obtained of Florida Antitrust and Unfair & Deceptive Trade Practices Act Claims:
On behalf of an aircraft maintenance facility, the firm recently obtained dismissal of claims asserted by the plaintiff under Florida’s antitrust laws and under Florida’s Deceptive and Unfair Trade Practices Act. The customer, a Florida resident, had work performed on his aircraft at the facility’s operation in Colorado. The court rejected the customer’s attorney’s arguments that he should be able to assert a claim under these Florida laws because the customer was claimed to have suffered some damage in Florida from the Colorado repair work.
Dismissal With Prejudice of Claims Against Flight School:
The Broward County Circuit Court recently granted our motion to dismiss with prejudice a suit against our client flight school. The estate and survivors of one of the school's independent contractor flight instructors had sued the school for the instructor's death from a midair collision. The estate's claim was that the school was negligent in 'supervising' the instructor or, alternatively, that the collision was caused by the student pilot's negligence and that the school, as the aircraft owner, should be held liable under Florida's dangerous instrumentality doctrine. Judge Krathen dismissed the suit against the flight school with prejudice, ruling that the school had no duty as a matter of law to 'supervise' the instructor's conduct of the flight and that the dangerous instrumentality doctrine did not, as a matter of law, operate to impose liability upon the school as owner.
