§Why CasetextPricing

Smith v. Citizens Property Insurance Corp. et al

RESPONSE/REPLY to Defendant Citizens' Motion to Dismiss

8 Cited authorities

  1. Greene v. Seminole Electric Coop

    701 So. 2d 646 (Fla. Dist. Ct. App. 1997)   Cited 15 times
    Finding that the FCRA should be construed in conformity with the ADA and that, accordingly, "[o]besity can be a disability"

  2. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,974 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  3. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,580 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  4. Section 624.155 - Civil remedy

    Fla. Stat. § 624.155   Cited 662 times   46 Legal Analyses
    Requiring an insurer to act "fairly and honestly toward its insured," and "with due regard for her or his interests"

  5. Section 760.10 - Unlawful employment practices

    Fla. Stat. § 760.10   Cited 556 times   16 Legal Analyses
    Stating that it is unlawful to retaliate against "any person"

  6. Section 4072 - Adjustment and payment of claims; judicial review; limitations; jurisdiction

    42 U.S.C. § 4072   Cited 385 times   3 Legal Analyses
    Conferring jurisdiction and waiving sovereign immunity for an action against the FEMA Administrator for disallowed claims

  7. Section 626.9541 - Unfair methods of competition and unfair or deceptive acts or practices defined

    Fla. Stat. § 626.9541   Cited 146 times   8 Legal Analyses
    Recognizing that Amos's practice of making false statements on insurance applications was "dishonest" and constituted a second-degree misdemeanor

  8. Rule 1.110 - GENERAL RULES OF PLEADING

    Fl. R. Civ. P. 1.110   Cited 545 times

    (a) Forms of Pleadings. Forms of action and technical forms for seeking relief and of pleas, pleadings, or motions are abolished. (b) Claims for Relief. A pleading which sets forth a claim for relief, whether an original claim, counterclaim, crossclaim, or third-party claim, must state a cause of action and must contain: (1) a short and plain statement of the grounds on which the court's jurisdiction depends, unless the court already has jurisdiction and the claim needs no new grounds of jurisdiction