Publications
Because a party cannot create causes of action not set forth in Florida Rules of Court, motion to compel appraisal denied because no Florida court has jurisdiction over petition to select an appraiser and policy cannot confer that jurisdiction.
On March 7, 2024, the Eleventh Circuit Court in Miami-Dade County, Florida, rendered a decision regarding a defendant insurer’s motion to compel appraisal.
Legal Update for Florida Coverage & Property Litigation – August 2024 is prepared by Marshall Dennehey to provide information on recent legal deve
Affidavits in support of motions for summary judgment must be based on personal knowledge and provide underlying facts.
In this case, an action for declaratory relief to find the insured committed certain material misrepresentations in its insurance application, the Circuit Court struck the insurance company’s underwriter’s affidavit and granted the insured’s motio
Legal Update for Florida Coverage & Property Litigation – August 2024 is prepared by Marshall Dennehey to provide information on recent legal deve
Summary judgment reversed as causation remained in dispute in subrogation action.
Reyes brought this appeal following the trial court’s granting of summary judgment in favor of GEICO in a subrogation action the carrier had brought against Reyes arising from an automobile accident.
Legal Update for Florida Coverage & Property Litigation – August 2024 is prepared by Marshall Dennehey to provide information on recent legal deve
Fourth District Court of Appeal recedes from prior case law and finds a motion or request for trial de novo must be made within 20 days of an adverse arbitration decision, or trial is waived.
The plaintiff filed suit against several physicians and two hospitals, including Lawnwood Medical Center, Inc., for medical negligence after a family member’s death during a hospitalization.
Legal Update for Florida Coverage & Property Litigation – August 2024 is prepared by Marshall Dennehey to provide information on recent legal deve
Third District rules that an appraisal award constitutes a favorable resolution in a first-party action for benefits.
During the underlying litigation, an appraisal award was entered, and the appellant moved to amend the complaint to add a bad faith action pursuant to Florida Statute § 624.155. The trial court denied this motion without explanation.
Legal Update for Florida Coverage & Property Litigation – August 2024 is prepared by Marshall Dennehey to provide information on recent legal deve
Florida’s Fourth District Court of Appeal holds that a response to a Civil Remedy Notice must raise specific deficiencies or those arguments are waived.
The Fourth District Court of Appeal agreed with Bailey, the homeowner, that People’s Trust Insurance Company waived the right to contest the validity of the Civil Remedy Notice of Insurer Violations (CRN) in the pending bad faith action because it
Legal Update for Florida Coverage & Property Litigation – August 2024 is prepared by Marshall Dennehey to provide information on recent legal deve
Court issues order striking plaintiff’s demand for attorney’s fees.
An allegation in the plaintiff’s complaint demanded a right to attorney’s fees under Fla. Stat. §§ 627.428, 627.9373 and/or 627.7152. Truck Insurance Exchange filed a motion to strike the plaintiff’s claim for attorney’s fees.
Legal Update for Florida Coverage & Property Litigation – July 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
Second District Court of Appeals finds the trial court erred in granting summary judgment in favor of insured where she and carrier’s competing affidavits created a general issue of material fact which should have precluded summary judgment.
Ms. Lassiter alleged that in April 2020, her home sustained damage when wind and hail damaged her roof, causing leaks and resulting in interior water intrusion damage.
Legal Update for Florida Coverage & Property Litigation – July 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
Fourth District Court upheld that, while the homeowners’ Proposal for Settlement was a joint proposal, there was no need for apportionment to comply with rule 1.442.
On May 15, 2024, the Fourth District Court of Appeals rendered a decision regarding a prevailing homeowners’ request for attorney’s fees on ground that the Proposal for Settlement (PFS) was valid under Florida Rule of Civil Procedure 1.442(c)(3).
Legal Update for Florida Coverage & Property Litigation – July 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
A preferred contractor endorsement in a homeowners policy applies to the contractor hired by the insured.
In this appeal, the Second District Court of Appeals affirmed summary judgment in favor of the insurer when a mitigation and remediation company hired by the insureds, pursuant to an assignment of benefits, attempted to challenge an endorsement in
Legal Update for Florida Coverage & Property Litigation – July 2024 is prepared by Marshall Dennehey to provide information on recent legal develo