A.P., A JUVENILE, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Lincoln Ins. Co. v. Home Emergency Servs., Inc., 812 So. 2d 433 (Fla. 3d DCA 2002)
  …aused by the occurrence. The damage or loss sought by the spoliation of evidence claim was caused by HES’s negligence in failing to preserve evidence, and is, therefore, not the result of Milian’s fall from the ladder. See Norris v. Colony Ins. Co., 760 So. 2d 1010 (Fla. 4th DCA 2000).8 Consequently, I cannot agree that this insurance policy covers Milian’s spoliation of evidence claim, the occurrence of which is the loss of the ladder. I also have to disagree with the majority’s refusal to follow Norris v. Co…

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• Humana Worker's Comp. Servs. v. Home Emergency Servs., Inc., 842 So. 2d 778 (Fla. 2003)
  …WELLS, J. We have for review the decision in Home Emergency Services, Inc. v. Humana Worker’s Compensation, 815 So. 2d 665 (Fla. 3d DCA 2002), which certified conflict with the decision in Norris v. Colony Insurance Co., 760 So. 2d 1010 (Fla. 4th DCA 2000). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We quash the decision below and approve the decision in Norris. Humana Worker’s Compensation Services (Humana), is the insurer of Home Emergency Services, Inc. (HES) unde…

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• Shaw v. Cambridge Integrated Servs. Grp., Inc., 888 So. 2d 58 (Fla. 4th DCA 2004)
  …. [The employee’s] spoliation claim seeks compensation not for the bodily injury he sustained in falling from the ladder but, rather, for his loss of a probable expectancy of recovery in the underlying suit. Id.; see also Norris v. Colony Ins. Co., 760 So. 2d 1010, 1012 (Fla. 4th DCA 2000) approved by Humana, 842 So. 2d at 779 (holding that a spoliation of evidence claim was not covered as “property damages” under commercial general liability policy). [*64] Other jurisdictions have also found that spoliation…

Authorities Cited

• In the Interest of J.H., 559 So. 2d 702 (Fla. 4th DCA 1990)