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Florida’s Third District Court of Appeals quashes trial court’s order compelling production of certain claim file documents.
During discovery, Vault Reciprocal Exchange responded to Luria’s request for production and preemptively filed a privilege log, which objected to the production of various documents as work product.
Legal Update for Florida Coverage & Property Litigation – May 2024 is prepared by Marshall Dennehey to provide information on recent legal develop
On appeal, the court found an issue of fact remained as to whether the insured “refused to comply” with the examination under oath in the presence of only the insurer’s videographer and court reporter.
The insured appealed a final judgment in the insurer’s favor, claiming the insured breached the policy by failing to submit to an examination under oath (EUO).
Legal Update for Florida Coverage & Property Litigation – May 2024 is prepared by Marshall Dennehey to provide information on recent legal develop
As the insurance carrier timely complied with its policy’s appraisal clause and issued payments and coverage in accordance with terms and conditions of its policy, insureds’ lawsuit was not a necessary catalyst to force its compliance with the policy.
The Third District Court of Appeals was asked to reverse a trial court’s order denying the insureds’ motion for attorney’s fees. The case stems from a September 2017 Hurricane Irma claim made by the insureds with their carrier, Citizens.
Legal Update for Florida Coverage & Property Litigation – May 2024 is prepared by Marshall Dennehey to provide information on recent legal develop
Without a judicial determination that the insurer acted in bad faith, it was reversible error for the trial court to enter a final judgment in excess of the policy limits.
This appeal followed a trial for underinsured motorist (UM) benefits in which the judge entered a final verdict in the amount of $1,052,593.21, despite the fact that the policy only provided $100,000 in UM benefits.
Legal Update for Florida Coverage & Property Litigation – May 2024 is prepared by Marshall Dennehey to provide information on recent legal develop
As the jury was not asked to determine the deductible’s applicability, the trial court erred by not applying the hurricane deductible post-verdict to offset the jury’s determination of damages.
The plaintiffs sued Citizens for breach of contract, alleging their property, including the roof, interior and fencing, were damaged by Hurricane Ian.
Legal Update for Florida Coverage & Property Litigation – May 2024 is prepared by Marshall Dennehey to provide information on recent legal develop
Fifth District Court of Appeals overturned trial court’s dismissal of insured’s complaint as the policy’s loss payment provision included a provision for statutory interest.
The insured suffered water damage caused by a overflowing sink. State Farm covered the loss, and the parties participated in the appraisal process.
Legal Update for Florida Coverage & Property Litigation – May 2024 is prepared by Marshall Dennehey to provide information on recent legal develop
Where a windstorm loss occurs during a “hurricane occurrence,” the loss must bear at least some causal nexus with the hurricane for the policy’s hurricane deductible to apply.
In this case, Florida’s Fifth District Court of Appeals addresses proper application of a hurricane deductible.
Legal Update for Florida Coverage & Property Litigation – May 2024 is prepared by Marshall Dennehey to provide information on recent legal develop
Florida Statute § 627.70152 applies to all insurance policies, regardless of the date of the policy’s inception.
In March, the Third District Court of Appeals affirmed dismissal of a complaint for its failure to comply with Florida Statute § 627.70152.
Legal Update for Florida Coverage & Property Litigation – May 2024 is prepared by Marshall Dennehey to provide information on recent legal develop
Court rules the more reasonable interpretation of the term “hurricane occurrence” is the loss had to have been caused by the hurricane.
Florida Farm Bureau General Insurance Company (Farm Bureau) appealed an order granting summary judgment in favor of the plaintiffs, Richard and Nancy Jones.
Legal Update for Florida Coverage & Property Litigation – May 2024 is prepared by Marshall Dennehey to provide information on recent legal develop
Florida Rule of Civil Procedure 1.442(c)(3)’s apportionment requirement found inapplicable by virtue of Rule 1,442(c)(4) as the complaint explicitly alleged the co-defendant was only constructively liable for its alleged breach of the purchase agreement.
On March 20, 2024, the Third District Court of Appeal rendered a decision concerning the characterization of a “joint proposal” for settlement governed by Florida Rule of Civil Procedure 1.442(c)(3).
Legal Update for Florida Coverage & Property Litigation – May 2024 is prepared by Marshall Dennehey to provide information on recent legal develop