Publications
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
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
Legal Updates for Lawyers’ Professional Liability – RESULTS* & THOUGHT LEADERSHIP
Lawyers’ Professional Liability RESULTS*
Josh J.T. Byrne (Philadelphia, PA):
Lawyers’ Professional Liability THOUGHT LEADERSHIP
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