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Publications
Addition of a definition for the term “structural damage” to Section 627.706(2) does not alter an insured’s burden of proof.
In April, the Second District Court of Appeal affirmed the lower court’s ruling that a statutory change, which added a definition for the term “structural damage” to a particular statute governing insurance coverage for sinkhole losses (Florida St
Legal Update for Florida Coverage & Property Litigation – June 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
District court grants motion for rehearing but maintains its prior decision that affirmed the trial court’s decision in favor of defendant in a subrogation dispute.
In this interesting dispute, the Second District Court of Appeal took the unusual step of granting a motion for rehearing but maintained its prior decision that affirmed the trial court’s decision in favor of Laguna Riviera in a subrogation disput
Legal Update for Florida Coverage & Property Litigation – June 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
Defendant’s request for attorney’s fees within its summary judgment motion is insufficient to place plaintiff on notice that defendants are claiming attorney’s fees.
On February 6, 2024, the Fifth Circuit Court in Hernando County, Florida, rendered a decision regarding a prevailing defendant’s request for attorney’s fees within a motion for summary judgment.
Legal Update for Florida Coverage & Property Litigation – June 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
Failure to provide reasonable notice and opportunity to be heard rendered trial court’s involuntary dismissal of plaintiff’s suit a violation of due process.
This appeal followed a trial court’s entry of a final order dismissing Babcock New Haven, LLC’s lawsuit for failure to comply with a prior order that required it to obtain successor counsel by a certain date.
Legal Update for Florida Coverage & Property Litigation – June 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
Appellate court affirms ruling a sworn proof of loss and estimate related to later claim was inadmissible as hearsay and irrelevant.
The insured reported a claim to Universal Casualty & Property Insurance Company in February 2016 for water damage from a roof leak, allegedly occurring in January 2016.
Legal Update for Florida Coverage & Property Litigation – June 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
Circuit Court of Appeals finds Fla. Stat. § 627.70132 does not require notice of a supplemental claim to include an estimate of damages.
In this unpublished opinion, the Eleventh Circuit was presented with the issue of whether Florida Statute § 627.70132 required the insured’s notice of a supplemental claim to its insurance carrier include an estimate of damages.
Legal Update for Florida Coverage & Property Litigation – June 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
Third District Court quashes order granting motion for protective order relating to a corporate representative’s deposition.
The petitioner in this matter (the plaintiff below) sought certiorari review of a discovery order granting a motion for protective order filed below by the defendant.
Legal Update for Florida Coverage & Property Litigation – June 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
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
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