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Court denies defendant’s motion for summary judgment for failing to strictly comply with Fla. R. Civ. P. and case management order and sanctions defendant.
The court denied the defendant’s motion for final summary judgment because the defendant’s amended expert affidavit in support of its motion was not filed until 21 days before the hearing, in violation of Fla. R. Civ. P. 1.510(c)(5).
Legal Update for Florida Coverage & Property Litigation – September 2024 is prepared by Marshall Dennehey to provide information on recent legal d
Reviewing court bound to affirm fee award.
The county court entered a final judgment for the appellee, DHL Enterprises, and awarded fees and costs pursuant to Fla. Stat. 57.105(1).
Legal Update for Florida Coverage & Property Litigation – September 2024 is prepared by Marshall Dennehey to provide information on recent legal d
Fourth District Court of Appeals finds that insureds failed to provide insurance carrier with “prompt notice” as a matter of law.
On September 10, 2017, Hurricane Irma allegedly caused damage to the roof of the homeowners’ property, resulting in interior water intrusion issues.
Legal Update for Florida Coverage & Property Litigation – September 2024 is prepared by Marshall Dennehey to provide information on recent legal d
Thirtieth Circuit Court granted insurer’s motion for judgment on the pleadings for failure to comply with § 627.7152, Florida Statutes (2022) and dismissed the case with prejudice due to the incurable defect of the assignment agreement.
The plaintiff’s case arose out of an assignment of insurance benefits agreement executed by the insured-assignor and the plaintiff-assignee on April 19, 2022, which was attached to the plaintiff’s complaint as an exhibit, along with numerous estim
Legal Update for Florida Coverage & Property Litigation – September 2024 is prepared by Marshall Dennehey to provide information on recent legal d
If you do not object to appraiser’s partiality timely, you waived the objection.
In this recent decision, the Eleventh Circuit Court of Appeals found the carrier waived its objection to the partiality of the insured’s appraiser when it did not object immediately upon the disclosure the appraiser was to receive payment on a con
Legal Update for Florida Coverage & Property Litigation – September 2024 is prepared by Marshall Dennehey to provide information on recent legal d
Contents of contract impliedly incorporated by reference in complaint are appropriate for consideration by trial court in ruling upon motion to dismiss.
These appeals arose from trial court orders dismissing the appellants’ respective complaints against AT&T Mobility, LLC with prejudice.
Legal Update for Florida Coverage & Property Litigation – September 2024 is prepared by Marshall Dennehey to provide information on recent legal d
District Court for the Middle District of Florida rules insurance company cannot be compelled to go to appraisal without the insured first satisfying all post-loss obligations.
The plaintiff filed a claim for property damage resulting from Hurricane Ian pursuant to a property insurance policy. The carrier found partial coverage for the loss, but did not provide the amount of the covered damages.
Legal Update for Florida Coverage & Property Litigation – September 2024 is prepared by Marshall Dennehey to provide information on recent legal d
Trial court erred in entering final summary judgment as insurer was deprived of its entitlement to due process by not receiving proper notice and a reasonable amount of time to respond.
This case involves the trial court entering a judgment that went outside the grounds of the requested summary judgment.
Legal Update for Florida Coverage & Property Litigation – September 2024 is prepared by Marshall Dennehey to provide information on recent legal d
Florida’s Fourth DCA certifies conflict to the Florida Supreme Court on when a jury should consider replacement cost value v. actual cash value.
The plaintiffs filed a suit due to Universal’s alleged breach of the homeowners’ insurance policy when it paid only the $10,000 policy limit for the mold damage without making any payment for the damage caused by the water leak which resulted in t
Legal Update for Florida Coverage & Property Litigation – September 2024 is prepared by Marshall Dennehey to provide information on recent legal d
Florida’s statutory scheme for medical care through PIP allows 80% reimbursement of charges but limited by the statutory maximum benefit amount if the insurer had that provision in its policy.
This matter was on appeal from the Circuit Court for Volusia County.
Legal Update for Florida Coverage & Property Litigation – August 2024 is prepared by Marshall Dennehey to provide information on recent legal deve