Notice Of Claim Requirements

59 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Crumbley v. City of Jacksonville
  102 Fla. 408· Fla.· 1931-07-09 ·cited 74×
  Crumbley sued Jacksonville for injuries from a falling tree limb while the city trimmed branches for electric wires. The trial court sustained demurrers to his amended complaint, but the Florida Supreme Court reversed, holding that the city waived defects in the notice of claim b
• City OF Miami v. Oise Keton
  115 So. 2d 547· Fla.· 1959-11-04 ·cited 49×
  The Florida Supreme Court addressed whether Dade County's metropolitan government ordinances repealed the City of Miami's charter power to regulate traffic and enforce traffic ordinances. The Court held that the county ordinances did repeal the city's traffic authority and jurisd
• Gulf OIL Corp. v. Panama Canal Co.
  407 F.2d 24· 5th Cir.· 1969-02-05 ·cited 47×
  The court held that the notice-of-claim requirement in § 297 of the Canal Zone Code should be construed reasonably, not strictly, and that the shipowner's actions satisfied the spirit of the requirement given the circumstances.
• Hopper Paper Co. v. Baltimore & O. R. Co.
  178 F.2d 179· 7th Cir.· 1949-12-12 ·cited 37×
  A carrier's actual knowledge of a loss, especially when it caused the loss and notified the shipper, excuses the shipper's failure to file a formal written claim within the time prescribed by the bill of lading.
• Dep't OF Transp. v. Paige Soldovere
  519 So. 2d 616· Fla.· 1988-01-28 ·cited 32×
  A cause of action against the state accrues upon the happening of the accident and attendant injuries, not upon the denial of a notice of claim.
• Town OF Miami Springs v. Franklyn Lawrence and Muriel Lawrence
  102 So. 2d 143· Fla.· 1958-03-28 ·cited 32×
  The Town of Miami Springs appealed a jury verdict awarding damages to landowners for water overflow caused by the Town's street elevation and inadequate drainage. The Florida Supreme Court affirmed, holding that where overflow is temporary and recurrent rather than permanent, eac
• Williams v. City of Jacksonville
  118 Fla. 671· Fla.· 1935-03-07 ·cited 31×
  Thomas Williams sued Jacksonville for negligence after being struck by asphalt falling from an unprotected embankment while working in a city ditch. The Florida Supreme Court affirmed the dismissal of his complaint, holding that the city's charter provision requiring written noti
• Rosa v. Cantrell
  705 F.2d 1208· 10th Cir.· 1982-12-10 ·cited 20×
  The court held that service of process on the defendant's wife at his usual place of abode was valid, and the statute of limitations was tolled due to his absence and concealment, thus the wrongful death claim was timely commenced.
• Barbra Sheikh v. Coregis Ins. Co.
  943 So. 2d 242· Fla. 3d DCA· 2006-11-08 ·cited 18×
  Sheikh appeals a summary judgment in favor of Coregis Insurance Company on a claim to enforce a default judgment against the insurer of a negligent attorney. The court reversed, finding genuine issues of material fact regarding whether Sheikh had knowledge of insurance coverage a
• Williams v. Cal Henderson
  687 So. 2d 838· Fla. 2d DCA· 1996-12-18 ·cited 16×
  The court held that failure to wait six months after providing notice of a claim to the state does not mandate dismissal of the action, as the purpose of the notice statute was served.
• Loveless v. Universal Carloading & Distrib. Co., Inc.
  225 F.2d 637· 10th Cir.· 1955-07-29 ·cited 16×
  The court held that the appellant's failure to file a written claim within the stipulated time, despite the carrier's actual knowledge of the loss, barred their suit.
• Meyers v. The City OF Jacksonville
  754 So. 2d 198· Fla. 1st DCA· 2000-04-17 ·cited 12×
  The Meyers appealed dismissal of their negligence complaint against Jacksonville for failing to provide wheelchair accessibility at a renovated office building where Mr. Meyers was injured. The court reversed, holding that the complaint stated a valid state-law negligence claim b
• Durre v. Dempsey
  869 F.2d 543· 10th Cir.· 1989-02-28 ·cited 12×
• Perkins v. Marine Terminals Corp.
  673 F.2d 1097· 9th Cir.· 1982-04-08 ·cited 12×
  The court held that the maritime situs issue relates to coverage, not subject matter jurisdiction, and can be waived. It also held that the claimant's injury occurred in the course of employment due to the trip-payment exception to the coming-and-going rule.
• Isthmian S.S. Co. v. Cal. Spray-Chemical Corp.
  290 F.2d 486· 9th Cir.· 1961-05-02 ·cited 12×
  The carrier remains responsible for the safe arrival of goods under maritime carriage law, even when using independent contractors for lighterage.
• Robinson v. City OF Miami
  177 So. 2d 718· Fla. 3d DCA· 1965-08-10 ·cited 11×
  Robinson, a jail prisoner injured by a golf ball while performing labor on a city golf course, appealed summary judgment dismissing his negligence suit against Miami. The court reversed, holding that Robinson's notice of claim was sufficient under the city charter despite not spe
• Travelers Ins. Co. v. Peerless Ins. Co.
  287 F.2d 742· 9th Cir.· 1961-02-27 ·cited 10×
  The court held that the insurer's denial of liability on grounds other than notice defects waived those defects, and that conflicting 'excess' and 'pro rata' 'other insurance' clauses should be disregarded, leading to prorated liability based on policy limits.
• Witmer v. Univ. OF Fla. Police Dep't
  610 So. 2d 87· Fla. 1st DCA· 1992-12-14 ·cited 8×
  Witmer appealed the trial court's dismissal of his civil rights complaint against University of Florida police officers. The court affirmed dismissal of section 1983 claims against the state and officers in their official capacities, but reversed dismissal of claims against offic
• Wright v. Polk Cnty. Pub. Health Unit
  601 So. 2d 1318· Fla. 2d DCA· 1992-07-08 ·cited 8×
  A parent sued Polk County Public Health Unit for alleged medical malpractice related to negligent prenatal care. The trial court dismissed the case with prejudice for failure to comply with notice requirements under Florida's Sovereign Immunity Act, but the appellate court revers
• Balfour v. American-West African Line, Inc.
  136 F.2d 320· 2d Cir.· 1943-08-02 ·cited 8×
  The court held that the Carriage of Goods by Sea Act does not prevent a bill of lading from requiring written notice of claim within a specified time for lost goods.
• City OF Miami Beach v. O'Hara
  166 So. 2d 598· Fla. 3d DCA· 1964-06-30 ·cited 7×
  The City of Miami Beach appealed a post-trial order denying its motion for judgment notwithstanding the verdict in a false arrest and imprisonment case. The court held that the plaintiff's amended complaint failed to state a cause of action because it did not allege compliance wi
• Rattner v. Netburn
  930 F.2d 204· 2d Cir.· 1991-04-09 ·cited 6×
  The court held that the district court improperly granted summary judgment on the freedom of speech claim because the evidence, viewed favorably to the nonmoving party, could support an inference that the defendant's letter constituted a veiled threat of reprisal. The court also
• Wis. Packing Co., Inc. v. Ind. Refrigerator Lines, Inc.
  604 F.2d 1022· 7th Cir.· 1979-08-10 ·cited 6×
  The court held that the plaintiff's letter and invoices did not constitute sufficient written notice of claim under the Interstate Commerce Act, and the defendant carrier did not have actual knowledge of all the conditions of the damage as required to excuse the lack of formal no
• Kahl v. Bd. OF Cnty. Comm'rs OF Dade Cnty.
  162 So. 2d 522· Fla. 3d DCA· 1964-03-03 ·cited 6×
  The court held that failure to present a claim to the county commissioners within one year, as required by statute, bars the action.
• Jacksonville v. Harris
  33 Fla. 217· Fla.· 1894-01-01 ·cited 6×
  A railroad company appeals a judgment for damages caused by its train killing the plaintiff's horses. The court affirms, holding that railroads must maintain gaps in their fences in secure condition when the gaps are used in the railroad's business operations, and cannot escape l
• Nelson v. Traer
  188 So. 2d 65· Fla. 3d DCA· 1966-04-19 ·cited 5×
  A deputy sheriff arrested a man for soliciting a ride on a highway, leaving his wife unprotected despite the husband's pleas. The wife was struck and killed by a passing vehicle minutes later. The court reversed dismissal of the wrongful death complaint, finding that the wife's d
• Margaree Scarlett v. Pub. Health Tr. OF Dade Cnty.
  584 So. 2d 75· Fla. 3d DCA· 1991-07-23 ·cited 4×
  The court held that conflicting evidence regarding notice of a claim requires a trial, but a claim lacking proper notice is barred.
• Mitchell v. The Sch. Bd. OF Dade Cnty.
  566 So. 2d 2· Fla. 3d DCA· 1990-05-08 ·cited 4×
  The court affirmed dismissal of tort claims against the Dade County School Board, holding that the notice of claim was deficient as to one plaintiff, the remaining claims failed to state viable causes of action, and any viable claims were subject to mandatory arbitration under th
• Montoya v. United States
  841 F.2d 102· 5th Cir.· 1988-03-08 ·cited 4×
  The court held that the attorney's letter did not constitute valid notice under the Federal Tort Claims Act because it failed to specify monetary damages for all claimants and for the plaintiff's personal injuries.
• Celestina Perez and Armando Perez v. Miami Dade Water & Sewer Auth.
  372 So. 2d 185· Fla. 3d DCA· 1979-06-19 ·cited 4×
  The appellants sued Miami-Dade County and its Water and Sewer Authority after the plaintiff was injured by a defective water meter cover on a sidewalk. The trial court dismissed the complaint for failure to comply with a local 60-day notice requirement, but the appellate court re
• Chaulsett v. The City OF Fort Lauderdale
  272 So. 2d 163· Fla. 4th DCA· 1973-01-15 ·cited 4×
  The Fourth District Court of Appeal reversed a trial court's dismissal of a negligence complaint against the City of Fort Lauderdale for failure to provide statutory notice of a claim. The court held that a motion to dismiss cannot negate factual allegations about notice complian
• Vaughn B. Hunter v. Fireman's Fund Ins. Co.
  448 F.2d 805· 10th Cir.· 1971-09-29 ·cited 4×
  The court held that the insured's failure to furnish proof of loss within the time prescribed by the policy, without a legally sufficient excuse, defeats recovery on the policy.
• Midland S.S. Line, Inc. v. THE Tug Ark.
  232 F.2d 81· 6th Cir.· 1956-04-27 ·cited 4×
  The court held that the libel was barred by the tariff's notice provision and that the evidence was insufficient to prove the tug caused the propeller shaft fracture.
• Sellers v. Miami-Dade Cnty. Sch. Bd.
  788 So. 2d 1086· Fla. 3d DCA· 2001-06-13 ·cited 3×
  Kenneth and Sylvia Sellers appealed the dismissal of their negligence lawsuit against Miami-Dade County School Board for an injury Kenneth sustained in 1996. The court affirmed the dismissal because the Sellers failed to provide timely notice of their claim as required by Florida
• Yulexi Exposito v. Pub. Health Tr. OF Miami-Dade Cnty.
  141 So. 3d 663· Fla. 3d DCA· 2014-06-18 ·cited 2×
  Yulexi Expósito appealed the dismissal with prejudice of her medical malpractice complaint on behalf of her daughter Stephanie, born with birth-related neurological injuries. The trial court dismissed the amended complaint, finding Expósito failed to comply with Florida's statuto
• Eastpointe Condo. I Ass'n v. Travelers Cas. & Sur. Co.
  664 F. Supp. 2d 1281· S.D. Fla.· 2009-10-14 ·cited 2×
  The court held that the insurer had no duty to defend because the claims in the underlying lawsuit arose out of damage to tangible property, which was an excluded loss under the policy.
• Lane v. Provident Life & Accident Ins.
  178 F. Supp. 2d 1281· S.D. Fla.· 2001-05-03 ·cited 2×
  The court held that the plaintiff failed to meet the conditions precedent of timely notice and proof of claim, and therefore was not entitled to disability benefits.
• Rubin v. State
  728 So. 2d 1175· Fla. 2d DCA· 1998-09-02 ·cited 2×
  Sheila Rubin appealed the dismissal with prejudice of her personal injury claim against the Florida Department of Transportation for injuries sustained when her vehicle struck a loose manhole cover. The court reversed, holding that the 120-day service requirement under Rule 1.070
• De Checa v. Diagnostic Ctr. Hosp., Inc.
  967 F.2d 126· 5th Cir.· 1992-07-20 ·cited 2×
  The Fifth Circuit certified two questions to the Texas Supreme Court regarding the interpretation of Texas's Medical Liability and Insurance Improvement Act concerning notice requirements and the tolling of statutes of limitations for potential parties in medical malpractice clai
• Christopher C. DAY, Ph.D. v. Moscow
  955 F.2d 807· 2d Cir.· 1992-01-24 ·cited 2×
  The court held that claims against defendants other than Moscow were barred by res judicata and that the arrest/search claims against Moscow were barred by the statute of limitations, as tolling provisions did not apply to federal § 1983 actions.
• ST. Paul Fire & Marine v. Tinney
  920 F.2d 861· 11th Cir.· 1991-01-10 ·cited 2×
  The court held that the attorney's letter provided sufficient notice of claims under the claims-made policy, establishing coverage, but that the insurer had a debatable reason for denying coverage, precluding a bad faith claim.
• Redner v. Citrus Cnty.
  710 F. Supp. 318· M.D. Fla.· 1989-02-13 ·cited 2×
  The court held that abstention was not warranted, and granted dismissal in part for claims related to damages and statutory notice, while denying dismissal for injunctive relief and dismissing claims based on unconstitutional bond conditions and conspiracy.
• Levine v. Dade Cnty. Sch. Bd.
  419 So. 2d 808· Fla. 3d DCA· 1982-09-28 ·cited 2×
  Failure to provide written notice of claim to the Department of Insurance does not preclude an action against a state agency if the agency itself received timely notice and suffered no prejudice, but this court is bound by precedent requiring such notice.
• Ribler v. Fla. Power & Light Co.
  254 So. 2d 238· Fla. 4th DCA· 1971-11-04 ·cited 2×
  Appellant's wrongful death action against Broward County was dismissed because the complaint failed to allege compliance with Florida Statute Section 95.08, which requires that claims against a county be presented to the board of county commissioners within one year of accrual. T
• Del. Steel Co. v. Calmar S.S. Corp. & SS Seamar
  378 F.2d 386· 3d Cir.· 1967-05-08 ·cited 2×
  The court held that substantial compliance with bill of lading notice requirements is sufficient when the carrier has actual notice and conducts an investigation, making strict adherence inequitable.
• Migoski v. E. Air Lines, Inc.
  63 So. 2d 634· Fla.· 1953-03-10 ·cited 2×
  Migoski sought damages for lost luggage after his air travel from Miami to Detroit was interrupted by weather in Akron and completed by bus. The Florida Supreme Court affirmed the lower courts' judgments against him, holding that the bus transportation was part of the original co
• Molloy v. Allied Van Lines, Inc.
  267 F. Supp. 2d 1246· M.D. Fla.· 2003-05-28 ·cited 1×
  The court held that the plaintiff's claim letters met the minimum requirements for a determinable amount of money, and his failure to pay shipping charges did not bar his claim for lost or damaged goods.
• White v. Fl. Hwy. Patrol
  928 F. Supp. 1153· M.D. Fla.· 1996-06-10 ·cited 1×
  A probationary state trooper sued the Florida Highway Patrol and individual defendants under 42 U.S.C. §§ 1981 and 1983, alleging racial discrimination in a false drug-related identification and subsequent termination. The court granted defendants' motion to dismiss all counts, f
• Nat'l Assisted Living Risk Retention Grp. v. Bishop
  Fla. 1st DCA· 2026-08-05
  Under a claims-made insurance policy, a claim is not made when an injury occurs or when notice of an injury is given to the insurer, but only when a suit or demand for monetary damages is actually made during the policy period or an extended discovery period. A facility manager's
• Usategui v. Delta Air Lines, Inc
  S.D. Fla.· 2024-01-04
  The court held that the plaintiff's motion to amend the complaint to add a non-diverse defendant should be granted, as the joinder was not for the purpose of defeating diversity jurisdiction and the defendant failed to prove fraudulent joinder.