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Appellate Court Rules Homeowner Adequately Alleged Breach of Contract After Insurance Carrier Denied Windstorm Claim

The appellate court reversed a trial court’s dismissal of a homeowner’s third amended complaint with prejudice, finding that the plaintiff had adequately alleged a cause of action for breach of contract. Legal Update for Florida Coverage & Property Litigation – September 2025 is prepared by Marshall Dennehey to provide information on recent legal d

Florida Court Upholds Denial of Late Hurricane Claim, Reinforcing Prompt Notice Requirement

In August, the Third District Court of Appeal in Miami upheld a summary judgment in favor of the insurance company in a case that addressed whether homeowners can recover for hurricane damage when they wait several years to report the claim. Legal Update for Florida Coverage & Property Litigation – September 2025 is prepared by Marshall Dennehey to provide information on recent legal d

Second District Court of Appeal Reverses Dismissal, Upholds Validity of Assignment of Benefits Despite Disputed Payment Terms

In this appeal, Well Done Mitigation, LLC, as an assignee of Lazaro Escalona, challenged the final judgment entered in favor of Citizens Property Insurance Corporation on the basis that the trial court erred in granting a dismissal. Legal Update for Florida Coverage & Property Litigation – September 2025 is prepared by Marshall Dennehey to provide information on recent legal d

Assignment of Benefits Deemed Invalid Where ‘Estimate’ Contained Bundled Costs Instead of Itemized Per-Unit Breakdown

The County Court for Broward County in the Seventeenth Judicial Circuit of Florida is the latest jurisdiction to render a decision further upholding the requirements set forth within Section 627.7152, Florida Statutes, finding that a valid assignm Legal Update for Florida Coverage & Property Litigation – September 2025 is prepared by Marshall Dennehey to provide information on recent legal d

Fifth District Sides with the Sixth District and Finds SB-2A Does Not Apply Retroactively

The Fifth District Court of Appeals reversed a trial court’s ruling that had retroactively applied statutory changes which eliminated an insured’s right to recover attorney’s fees in a first-party property damage case under what has become known a Legal Update for Florida Coverage & Property Litigation – September 2025 is prepared by Marshall Dennehey to provide information on recent legal d