Date range

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

Condominium associations have duty to repair common elements regardless if the damages were caused by an event in a non-common element unit.

This case stems from Broward County condominium owners appealing a final summary judgment on their breach of contract and negligence claims for the condominium association’s failure to repair damage to the common elements. 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

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