Publications
Florida Appeals Court Rules Settlement Release Bars Homeowner’s Late-Payment Interest Claim Against Citizens
The homeowner, Michael Kaiser, had a property insurance policy with Citizens when a hurricane damaged his home. The homeowner filed a claim and ultimately sued Citizens for allegedly failing to properly adjust his claim.
Second District Court of Appeal Reverses Directed Verdicts in Coverage Dispute Over Roof Replacement and Actual Cash Value
In a decision clarifying the role of the jury in insurance coverage disputes, the Second District Court of Appeal reversed three directed verdicts previously entered in favor of the insurer in a breach of contract case.
Fourth District Court Held Trial and Appellate Courts May Not Reweigh Evidence on Judgment Notwithstanding the Verdict, Reversing Decision
In a recent opinion from the Fourth District Court of Appeals, the court found that it is not the function of a trial judge or the appellate court to reweigh evidence on a motion for judgment notwithstanding the verdict, reversing the trial court’
Appellate Court Finds Term “Occurrence” Ambiguous as It Pertains to Parkland Mass Shooting
The Eleventh Circuit Court of Appeals was recently tasked with determining whether the mass shooting at Marjory Stoneman Douglas High School in Parkland, FL constituted a single occurrence or multiple occurrences pursuant to a commercial general l
Coverage Denied: Residence Premises Requirement Bars Claim Despite Premiums and Initial Payment
Two years prior to Evelyn Pitts’ death, she placed her property in a revocable living trust, entered an assisted living facility and then rented her property to tenants.
First District Court of Appeals Affirms Carrier’s Payment of Actual Cash Value in Hurricane Sally Insurance Dispute; the Breach Must Occur Prior to Filing the Complaint
Hurricane Sally caused damage to the insureds’ residence in September 2020 when rainwater leaked into the interior of the residence. The carrier inspected the property, and an estimate was prepared totaling $20,535.73, the replacement cost value.
Florida Court Upholds Summary Judgment: EUO Admission of Misrepresented Address Deemed Admissible Evidence
After a motor vehicle accident, the insured received medical treatment from the plaintiff and assigned all his rights under his insurance policy to the plaintiff.
Appeals Court Reverses Verdict, Finds Trial Court Erred in Denying Motion to Dismiss and In Finding Late Notice Defense Was Waived When Alternative Policy Exclusions Were Raised in the Same Pleading
The Third District Court of Appeal reversed the trial court’s order denying the insurance company’s motion to set aside a jury verdict in favor of the insured. Prior to trial, the trial court denied the insurance company’s motion to dismiss.