A Review of Recent Appellate Opinions
Brown & Brown, Inc. v. Gelsomino
43 Fla. Law Weekly D2642a
Fourth DCA; November 28, 2018
The plaintiff worked for his brother’s company, T&T Contracting. Subsequently, he and his brother incorporated T&T Services, and sought insurance for that company. In 2002, the plaintiff was injured while working on a project for T&T Services. The plaintiff filed a claim, but it was denied because the insured was listed as T&T Contracting; instead of T&T Services. The plaintiff sued. The trial and verdict were in 2014. The jury apportioned fault among the insurance broker, the plaintiff’s brother, T&T Contracting; T&T Services, and the plaintiff. Did the trial court err in holding the insurance broker jointly and severally liable?
The answer is:
Yes. In 2006, joint and several liability was abolished by statute, and in 2011, the statute was made retroactive.
Attorney Samuel A. Walker is a partner at CPLS, P.A., and focuses his practice on civil and criminal appeals. If you are unhappy with the judge’s decision in your case, contact Attorney Walker today at firstname.lastname@example.org to discuss an appeal.