Insurance Coverage Disputes Blog | Daytona Beach Injury Attorneys

Florida Third DCA rules that commercial liability insurer’s policy language precluded coverage for damages arising from assault and battery that occurred on the insured’s premises May 10, 2021

On April 7, 2021, in Sierra Auto Center, Inc., et al, v. Granada Insurance Company, et al, No. 3D19-2388, the Florida Third DCA affirmed a trial court ruling in a declaratory judgment action that the defendant insurance company had no duty...

Florida Fourth DCA rules that wrongful death claim arising from mid-air collision of two planes insured under one policy was subject to a single $1 million insurance coverage limit April 12, 2021

On March 24, 2021, in Endurance Assurance Corp. v. Hodges, et al, No. 4D20-751, a wrongful death case involving a mid-air collision between two flight school airplanes, the Florida Fourth DCA ruled that the accident...

Florida Fourth DCA rules that watercraft exclusion in homeowner’s policy precluded coverage for policy owner’s son while operating policy owner’s boat notwithstanding “severability” clause in policy April 12, 2021

On March 31, 2021, in Aiello v. ASI Preferred Corp. et al, No. 4D20-1078, the Florida Fourth DCA affirmed a summary judgment entered for the defendant homeowner insurance provider against its insured in a declaratory judgment action ...

Florida Fourth DCA rules that Florida law did not require that insurance company notify first named insured when another insured under same motor vehicle policy cancelled policy March 12, 2021

On February 10, 2021, in Spielberg v. Progressive Select Insurance Company, No. 4D19-3081, the Florida Fourth DCA affirmed a summary judgment for the defendant insurance company in a declaratory judgment case...

Florida Supreme Court rules in first-party breach of insurance contract case that plaintiff could not recover lost rental income that allegedly resulted from insurer’s refusal to timely pay hurricane damage repairs February 15, 2021

On January 21, 2021, in Citizens Property Insurance Corporation v. Manor House, LLC, et al., No. SC19-1394, the Florida Supreme Court ruled that extra-contractual consequential damages...

Florida Fifth DCA rules in favor of defendant life insurance company in coverage dispute involving interpretation of policy provisions January 8, 2021

On December 31, 2020, in Principal Life Insurance Company v. Halstead, et al., No. 5D18-3342, the Florida Fifth DCA reversed a trial court’s summary judgment in favor of the plaintiff...

Florida Fourth DCA rules that whether plaintiff had given "prompt" notice of claim to defendant property insurer as required under insurance contract was jury question not subject to resolution by summary judgment January 8, 2021

On December 9, 2020, in Restoration Construction, LLC, v. Safepoint Insurance Company, No. 4D19-3790, the Florida Fourth DCA reversed a trial court’s summary judgment for the defendant...

Florida Fourth DCA finds that defendant insurer in bad faith case waived objection to technical defect in civil remedy notice by not raising defect in response to notice November 18, 2020

On October 21, 2020, in Bay v. United Services Automobile Association, No. 4D19-3332, the Florida Fourth DCA reversed a trial court order dismissing a plaintiff’s bad faith complaint...

Florida Third DCA rules that plaintiff in breach of contract case against property insurer is not entitled to obtain defendant’s privileged claims file in discovery until there is a determination of policy coverage November 18, 2020

On October 7, 2020, in Safepoint Insurance Company v. Gonzalez, et al., No. 3D20-1050, the Florida Third DCA quashed a trial court ruling that had required the defendant insurer...

Florida Fourth DCA affirms dismissal of bad faith lawsuit by insured against property insurer after concluding that plaintiff’s civil remedy notice lacked sufficient specificity October 08, 2020

On September 23, 2020, in Julien v. United Property & Casualty Insurance Company, No. 4D19-2763, the Florida Fourth DCA affirmed a trial court’s...

Florida Fifth DCA rules that where homeowner’s insurance company did not “wholly deny” insured’s loss claim, issue had to be resolved by appraisal pursuant to the insurance contract rather than by court determination August 6, 2019

On July 12, 2019, in First Protective Insurance Co. v. Colucciello , No. 5D19-31, the Florida Fifth DCA reversed a trial court’s order denying an insurance company’s motion to compel an appraisal ...

Florida First DCA rules that insurance coverage under liability policy identifying a named insured as doing business under a fictitious name was limited to business done under that fictitious name June 15, 2019

On May 28, 2019, in Musselwhite v. Florida Farm General Insurance Company , et al., No. 1D18-780, the Florida First DCA affirmed a trial court ruling that a commercial liability policy purchased by ...

Florida Fourth DCA clarifies due process requirements for notification to Medicaid recipient of State Medicaid Fair Hearing on denial of Medicaid services April 3, 2019

On March 27, 2019, in A.W v. Humana Medicaid Plan , No. 4D18-866, the Florida Fourth DCA reversed a final order of the Agency for Health Care Administration (“AHCA”) that dismissed the plaintiff’s ...

Florida Fifth DCA rules that civil remedy notice against insurance company was not filed prematurely when contractually mandated damage appraisal process was still pending January 26, 2018

On January 26, 2018, in Landers v. State Farm , No. 5D15-4032, the Florida Fifth DCA reversed a trial summary judgment in favor an insurance company in a first party bad faith lawsuit involving a ...

Florida Fourth DCA remands for new trial in homeowners' insurance coverage dispute, finding that trial court gave wrong jury instructions on coverage doctrine and burden of proof January 26, 2018

On January 17, 2018, in Jones v. Federated National Insurance Company, No. 4D16-2579, the Florida Fourth DCA reversed a final judgment in favor of the defendant insurance company in a first party ...

Florida Supreme Court rules that prevailing insured in homeowners' insurance case was entitled to payment of attorney's fees with contingency fee multiplier October 23, 2017

On October 19, 2017, in Joyce v. Federated National Insurance Company , No. SC16-103, the Florida Supreme Court quashed the Florida Fifth DCA’s reversal of a trial court’s decision to apply a 2.0 ...

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