Publications
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
Florida’s statutory scheme for medical care through PIP allows 80% reimbursement of charges but limited by the statutory maximum benefit amount if the insurer had that provision in its policy.
This matter was on appeal from the Circuit Court for Volusia County.
Legal Update for Florida Coverage & Property Litigation – August 2024 is prepared by Marshall Dennehey to provide information on recent legal deve
Trial court abused its discretion by awarding counsel an hourly rate $50 above requested rate without any justification for its decision and trial court erred by applying 2.0 contingency multiplier as it was not supported by record evidence.
The homeowners filed a complaint against their insurance carrier, SafePoint, following the denial of their January 2016 hurricane claim.
Legal Update for Florida Coverage & Property Litigation – August 2024 is prepared by Marshall Dennehey to provide information on recent legal deve
Because a party cannot create causes of action not set forth in Florida Rules of Court, motion to compel appraisal denied because no Florida court has jurisdiction over petition to select an appraiser and policy cannot confer that jurisdiction.
On March 7, 2024, the Eleventh Circuit Court in Miami-Dade County, Florida, rendered a decision regarding a defendant insurer’s motion to compel appraisal.
Legal Update for Florida Coverage & Property Litigation – August 2024 is prepared by Marshall Dennehey to provide information on recent legal deve
Affidavits in support of motions for summary judgment must be based on personal knowledge and provide underlying facts.
In this case, an action for declaratory relief to find the insured committed certain material misrepresentations in its insurance application, the Circuit Court struck the insurance company’s underwriter’s affidavit and granted the insured’s motio
Legal Update for Florida Coverage & Property Litigation – August 2024 is prepared by Marshall Dennehey to provide information on recent legal deve
Summary judgment reversed as causation remained in dispute in subrogation action.
Reyes brought this appeal following the trial court’s granting of summary judgment in favor of GEICO in a subrogation action the carrier had brought against Reyes arising from an automobile accident.
Legal Update for Florida Coverage & Property Litigation – August 2024 is prepared by Marshall Dennehey to provide information on recent legal deve