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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

Legal Updates for Lawyers’ Professional Liability - CASE LAW UPDATE

Appellate Division affirms summary judgment to law firm, finding that plaintiff’s expert report was devoid of any evidence establishing the standard of care providing the benchmark for the opinions offered. Legal Update for Lawyers’ Professional Liability – September 2024 is prepared by Marshall Dennehey to provide information on recent legal developments

Don’t Forget Your Probable Cause Argument in Dragonetti Proceedings

Our Lawyers’ Professional Liability Practice Group in Pittsburgh has noticed a growing trend in western Pennsylvania plaintiffs’ practice concerning Wrongful Use of Civil Proceedings tort claims filed by original defendants arising from actions wi Legal Update for Lawyers’ Professional Liability – September 2024 is prepared by Marshall Dennehey to provide information on recent legal developments

Third Circuit affirmed lower court, concluding school district’s re-evaluation was appropriate, its diagnosis of autism was supported, and school district’s proposed IEP was an offer of a FAPE.

The school district re-evaluated the student during the 2021–22 school year and concluded the student was eligible to receive IDEA services based upon a primary disability category of autism. The student was also identified as gifted. Legal Update for Special Education Law – September 2024 is prepared by Marshall Dennehey to provide information on recent legal developments of intere