Wednesday, June 16, 2010

3d DCA Watch -- Happy Bloom's Day!


In honor of everyone's favorite randy Jew from Dublin who met lots of people and did lots of things on this very day back in 1904, I have decided to write today's 3d DCA Watch in the style of the first epic, run-on, non-punctuated sentence from Episode 18, Molly Bloom's Soliloquy:

Telemundo v. Aequicap:

YES BECAUSE HE NEVER DID A THING LIKE THAT BEFORE AS ASK TO use his insurance policy but because you have to list the driver things got messed up the stupid policy says No coverage will apply to any driver newly placed in service after the policy begins until you report that driver to us and we advise you in writing that he/she is acceptable to us and that he/she is covered under the policy Coverage on any such driver newly placed in service will become effective as of the date and time we advise you he/she is acceptable and that they are covered by the policy and not before. . . . Only such drivers listed as the [sic] date of this policy begins, on the schedule in the original application signed by you, and not otherwise excluded are covered as of the date this policy begins with a couple of eggs since the City arms hotel when he used to be pretending to be laid up with a sick voice doing his highness to make himself interesting to that old faggot Mrs Riordan that he thought he had a great leg of and she never left us a farthing all for masses for herself and her soul greatest miser ever was actually afraid to lay out 4d for her methylated spirit telling me all her ailments she had too much old chat in her about politics and earthquakes and the end of the world let us have a bit of fun first God help the world if all the women were her sort down on bathing-suits and lownecks of course nobody wanted her to wear Where the language of an insurance policy is clear and unambiguous, “it must be construed to mean what it says and nothing more.” Gen. Sec. Ins. Co. v. Barrentine, 829 So. 2d 980, 981 (Fla. 1st DCA 2002). An insured’s “failure to comply with the requirements of the policy is fatal to his claim that the truck was insured” because “[c]ourts have no power to create insurance coverage, if it does not otherwise exist by the terms of the policy.” Id. at 981-82; see also Duncan Auto Realty, Ltd. v. Allstate Ins. Co., 754 So. 2d 863, 864-65 (Fla. 3d DCA 2000) (holding that “since courts have no power to create insurance coverage where none otherwise exists, . . . we must give this unambiguous contract of insurance its effect as written”) (citations omitted) I suppose she was pious because no man would look at her twice I hope I'll never be like her a wonder she didnt want us to cover our faces but she was a welleducated woman certainly and her gabby talk about Mr Riordan here and Mr Riordan there I suppose he was glad to get shut of her and her dog smelling my fur and always edging to get up under my petticoats especially then still I like that in him polite to old women like that and waiters and beggars too hes not proud out of nothing but not always if ever he got anything really serious the matter with him its much better for them go into a hospital where everything is clean but I suppose Id have to dring it into him for a month yes and then wed have a hospital nurse next thing on the carpet have him staying there till they throw him out or a nun maybe like the smutty photo he has shes as much a nun as Im not yes because theyre so weak and puling when theyre sick they want a woman to get well if his nose bleeds youd think it was.....

Oh hail, you get the picture.

Boy, art is hard.

11 comments:

  1. Of course SFL finds a picture of Marilyn Monroe reading James Joyce!

    ReplyDelete
  2. Molly Bloom's GhostJune 16, 2010 at 4:16 PM

    high brow literature and the chevy, what I love about this blog

    ReplyDelete
  3. Poetry, the chevy, hookah pipe, women...... SFL gets all the fun.

    ReplyDelete
  4. and “windsurfing”

    ReplyDelete
  5. How is your diet, SFL?

    ReplyDelete
  6. Hard work, but I've never felt better.

    ReplyDelete
  7. No one likes a bragger, SFL.

    ReplyDelete
  8. Getting the chevy ready for Friday? You lucky, lucky bastard.

    ReplyDelete
  9. SFL, did you read the Gonzalez v. Chase Home Financial opinion out of the 3d yesterday?

    Chase Home was represented on appeal by Greenberg. I started out my professional career at Greenberg as a relatively clueless young litigation associate.

    I remember being told that while I generally should always make sure to have a court reporter for a hearing, I should NEVER have a court reporter if the hearing was on our motion for summary judgment.

    Why? Because if the court grants summary judgment, I was told, the other side can't go up on appeal and show what happened at the hearing.

    I never thought about this until a couple years later, after I left Greenberg and started doing my own appellate work. In a couple of cases, the issue of what transpired at the hearing on summary judgment arose, and I realized: WTF does it matter? SJ is either properly granted or it isn't based upon what's already been filed. And I found a WTF-does-it-matter case from the 3d, Seal Products v. Mansfield.

    Lo and behold, in the Gonzalez case yesterday, we have a Greenberg attorney -- a Greenberg *appellate* attorney, no less -- arguing that the other side couldn't show error because there was no transcript of the SJ hearing.

    He was bitch-slapped by the 3d with Seal Products.

    Overrated and overpaid. That should be Greenberg's new slogan.

    ReplyDelete
  10. Good article it' s really clear, i will try it! Very good article and blog, poker is good to !

    ReplyDelete