Publications
Fact-finding required prior to insured submitting to insurer's appraisal demand.
The insured's home was severly damaged by Hurricane Charley in August 2004. State Farm accepted the claim and acknowledged coverage. A dispute arose concerning benefits under the Building Ordinance or Law Coverage Endorsement.
Case Law Alert - 2nd Qtr 2012
Appraisal awards are enforced via civil complaint, not via petition to the court.
The insureds' home was damaged by a hurricane in 2005, and State Farm acknowledged it was a covered loss. But when the parties could not reach an agreement regarding the amount of the loss, the policy's appraisal provisions were invoked.
Case Law Alert - 2nd Qtr 2012
UIM exclusion inapplicable due to conflict with UIM statute and policy provisions.
The plaintiff was injured while working in the course of his employment. While operating a vehicle owned and insured by his employer, he was struck by another vehicle.
Case Law Alert - 2nd Qtr 2012
Coinsurance does not apply to a total loss.
The insureds' home was destroyed by fire in August 2005. Their loss exceeded their policy coverage limits, and the insureds opted not to rebuild.
Case Law Alert - 2nd Qtr 2012
The doctrine of inferred intent applies where an insured's intentional act of setting fire is intrinsically tied to the resulting harm.
The insured-plaintiff admittedly set fire to the comforter in her master bedroom in an attempt to have her husband become a hero by extinguishing the flame.
Case Law Alert - 2nd Qtr 2012
Insured's intentions are irrelevant in residency analysis.
Before the court was Allstate's motion for summary judgment.
Case Law Alert - 2nd Qtr 2012
Florida District Court holds that avoiding payment of a valid assessment is not an appropriate remedy to unit owners to cure unauthorized acts by officers and/or directors of condo association.
After the commercial condominium suffered flood damage when a pipe burst in the building's air conditioning system, the Association passed a special assessment to pay for flood damage repairs and cleaning of the air conditioning system's c
Case Law Alert - 2nd Qtr 2012
Third Circuit holds that an employer's consistent use of efficiency ratings as a basis for determining which employees would be laid off mandated dismissal of plaintiff's claims of reverse race discrimination and retaliation.
The Third Circuit upheld summary judgment in favor of an employer in three employees' claims of reverse race discrimination and retaliation.
Case Law Alert - 2nd Qtr 2012
Third Circuit holds that the district court erred in denying plaintiff prejudgment interest and refusing to modify the verdict to reflect negative tax consequences in an age discrimination case.
The employees prevailed at trial and were, collectively, awarded approximately $2 million in monetary damages.
Case Law Alert - 2nd Qtr 2012
District court dismisses teacher's claims of race and national origin discrimination following the school's non-renewal of her employment contract.
The district court granted a charter school's motion for summary judgment on a former teacher's claims of race and national origin discrimination, harassment and retaliation.
Case Law Alert - 2nd Qtr 2012