Publications
Summary judgment ruling reversed for failure to comply with timing requirements of Fla. R. Civ. P. 1.510(b).
In this case, Florida’s Fourth District Court of Appeal addressed issues of timing with respect to summary judgment motions under Fla. R. Civ. P. 1.510(b).
Legal Update for Florida Coverage & Property Litigation – July 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
First District Court of Appeal finds setoff is appropriate in an underinsured motorist claim when the tortfeasor’s liability coverage is available to an injured plaintiff, even when no benefits have been paid.
The plaintiff had been involved in a vehicle accident and pursued a claim with the tortfeasor motorist’s liability insurance, with limits of $25,000.00, but later abandoned the claim.
Legal Update for Florida Coverage & Property Litigation – July 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
District Court finds that trial court’s order lacked specificity, stressing that when a party asserts privilege objections, the trial court must make specific findings to support the overruling of those objections.
This case involved a roof repair performed by Apex Roofing and the insured having executed an Assignment of Benefits (AOB). The carrier issued payment, but Apex Roofing felt it was entitled to a larger payment.
Legal Update for Florida Coverage & Property Litigation – July 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
Third District Court reversed and remanded order granting insured’s motion for summary judgment based on insured’s failure to comply with policy conditions.
In the underlying matter, LFC Medical Center (LFC) filed for summary judgment, which was granted by the trial court.
Legal Update for Florida Coverage & Property Litigation – July 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
Litigating Civil Cases at Lightning Speed: The Impending Florida Civil Procedure Rule Changes
Civil litigation in Florida is time-consuming. It always has been. Florida civil rules of procedure do not contain the procedural safeguards, like speedy trial rules, afforded to criminal defendants to expedite the process.
Legal Update for Florida Coverage & Property Litigation – July 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
Appraisal was premature because an evidentiary hearing was first required to determine whether the policyholder satisfied the post-loss conditions.
Heritage Property & Casualty appealed an order compelling a commercial Hurricane Irma claim to appraisal.
Legal Update for Florida Coverage & Property Litigation – June 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
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