Blog Posts in Insurance Coverage Disputes

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Florida Third DCA rules in first-party property insurance case that trial court order compelling appraisal was premature, finding that property owner filed lawsuit contesting appraisal of damages without first engaging in “meaningful exchange of information” to substantiate the existence of a genuine disagreement June 16, 2022
On May 4, 2022, in Certain Underwriters at Lloyd’s et al, v. Lago Grande 5-D Condominium Association, Inc., No. 3D21-636, a first-party property insurance case in which a property owner filed suit against its insurer alleging underpayment...
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Florida Second DCA rules that trial court erred in dismissing plaintiff’s declaratory judgment claim in first party property insurance dispute, finding that lack of ambiguity in contract did not bar plaintiff from seeking declaratory judgment as alternative to breach of contract lawsuit June 16, 2022
On May 18, 2022, in Cintron v. Edison Insurance Company, No. 2D21-1334, the Florida Second DCA reversed a trial court’s dismissal of a plaintiff’s declaratory judgment complaint. The complaint alleged that the defendant property...
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Florida Fourth DCA rules that trial court erred in granting insurer’s summary judgment motion in first-party insurance case without first determining whether insurer was prejudiced by insured’s untimely compliance with post-loss conditions of the policy December 12, 2021
On November 3, 2021, in Dias v. Universal Property and Casualty Insurance Company, No. 4D20-2575, the Florida Fourth DCA reversed a summary judgment in favor of the defendant insurance company in a first-party insurance case involving water damage...
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Third DCA rules that trial court erred in dismissing insurance company’s declaratory judgment action alleging that motor vehicle policy was void because of policy owner’s alleged failed to include household member in policy application as an additional driver December 12, 2021
On November 10, 2021, in Imperial Fire & Casualty Insurance Company v. Acosta, et al., No. 3D21-0225, the Florida Third DCA reversed a trial court’s dismissal of an insurance declaratory judgment action in which the insurance company contended that that the motor vehicle ...
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Florida Fourth DCA rules that plaintiff’s status as co-insured on insurance policy covering motor vehicle owned by spouse, along with alleged regular use of vehicle and economic contributions to ownership, created issue of fact as to whether the plaintiff had insurable interest in the policy December 12, 2021
On November 17, 2021, in Covington v. State Farm, No. 4D21-377, the Florida Fourth DCA reversed a summary judgment for the defendant insurer in a first party automobile property insurance case. The trial court granted summary judgment to the insurer based...
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Florida Fourth DCA rules that property insurance company in first-party insurance coverage dispute was not entitled to defense of accord and satisfaction even though proffered settlement check was deposited by insured’s assignee September 15, 2021
On August 18., 2021, in Certified Priority Restoration v. Universal Insurance Company of North America, No. 4D21-374, the Florida Fourth DCA affirmed a trial court’s dismissal of a lawsuit filed by the plaintiff as assignee of a first-party insured’s rights...
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Florida Third DCA rules that statutory examples contained in Fla. Stat. § 671.210 of a “conspicuous statement” satisfying Florida’s Accord and Satisfaction statute are illustrative and not exhaustive September 15, 2021
On August 25, 2021, in United Automobile Insurance Company v. Rivero Diagnostic Center, No. 3D21-60, the Florida Third DCA reversed a trial court’s summary judgment entered in favor of the plaintiff medical provider in a PIP insurance case, finding that the ...
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6 Tips to Prepare for Hurricane Season August 23, 2021
Hurricane season is upon us and it is important to be prepared in order to protect yourself and your family from these potentially destructive and dangerous storms. Here are some crucial tips that ...
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Florida Fourth DCA rules that insurance appraiser inspecting the plaintiff’s home had no legitimate expectation of privacy precluding homeowner’s recording of the inspection August 9, 2021
On July 7, 2021, in Silversmith v. State Farm Insurance Company, No. 4D20-2685, the Florida Fourth DCAreversed a trial court ruling and held that a homeowner’s insurance appraiser inspecting the plaintiff’s home had no legitimate expectation...
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Florida First DCA holds that documents from insurance company’s underwriting file were not subject to disclosure in first party breach of contract action August 9, 2021
On July 19, 2021, in American Integrity Insurance Company of Florida v. Venable, No. 1D20-727, a case involving a disputed denial of coverage under a homeowner’s insurance policy, the Florida First DCA granted the certiorari petition of the defendant...
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Florida Fourth DCA rules that rusting water pipe was an “act of nature” subject to exclusion from coverage under homeowner’s insurance policy July 12, 2021
On June 2, 2021, in Dodge v. People’s Trust Insurance Company, No. 4D20-1199, the Florida Fourth DCA ruled that a water damage exclusion in a homeowner’s insurance policy excluding coverage for water damage...
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Florida Third DCA rules that insured retained standing to sue insurance company for breach of homeowner’s insurance policy notwithstanding her prior transfer of property to LLC in which she had a 25% ownership interest July 12, 2021
On June 23, 2021, in Cole v. Citizens Property Insurance Corporation, etc., No. 3D19-1830, the Florida Third DCA reversed the trial court’s dismissal of the plaintiff’s complaint in a first-party insurance dispute involving...
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Florida Fifth DCA rules that defendant insurance company did not waive coverage defense by initiating appraisal process in first-party homeowner’s insurance dispute July 12, 2021
On June 25, 2021, in Safepoint Insurance Company v. Hallet, No. 5D20-206, the Florida Fifth DCA reversed a summary judgment entered by the trial court in favor of the plaintiffs in a declaratory judgment action ...
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Eleventh Circuit Court of Appeals rules that Florida law, not maritime law, applies to determine the effect of plaintiff’s alleged breach of warranties in first-party maritime insurance case June 1, 2021
On May 6, 2021, in Travelers Property Casualty Insurance Company of America v. Ocean Reef Charters LLC, No. 19-13690, the Eleventh Circuit Court of Appeals reversed a U.S. district court summary judgment for the defendant insurance company in an action bought by its insured for the loss of a yacht...
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Florida First DCA reverses trial court’s venue transfer, rules that car insurance policy provision requiring policy coverage disputes to be litigated “where the policy was issued”is ambiguous and must be construed against the insurer June 1, 2021
On May 4, 2021, in Robles v. United Automobile Insurance Company, No. 1D20-1335, the Florida First DCA reversed a trial court order transferring a motor vehicle first-party insurance declaratory judgment action from Escambia County, where the insured plaintiff lived, to Miami-Dade County, where the insurer has its headquarters...
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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...
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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...
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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 ...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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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