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Failure to settle compensatory damages claim for policy limit, despite carve-out for punitive damages claim, amounts to bad-faith under totality of the circumstances standard.

In the first phase of these consolidated appeals, Safeco appealed the final judgment following a directed verdict in Heikka’s favor in her bad-faith claim against Safeco.  Legal Update for Florida Coverage & Property Litigation – December 2024 is prepared by Marshall Dennehey to provide information on recent legal de

Florida’s Third District Court of Appeal rules insurance carrier had duty to defend.

The Third District Court of Appeals reversed a trial court’s ruling and ordered the insurance carrier, Old Republic National Title Insurance Company, to defend its insureds in an ongoing title dispute suit. Legal Update for Florida Coverage & Property Litigation – December 2024 is prepared by Marshall Dennehey to provide information on recent legal de

Without deciding whether the 4th District Court reached the correct result under Fla. Stat. §627.7252(2)(a)4’s actual text, the 1st District Court reached a different conclusion, where the alleged facts could not be determined on a motion to dismiss.

Prior to suit, USAA’s insured assigned her rights to Apex via an Assignment of Benefits (AOB) signed by both the insured and Apex. A day after signing the AOB, Apex prepared an itemized cost estimate.  Legal Update for Florida Coverage & Property Litigation – December 2024 is prepared by Marshall Dennehey to provide information on recent legal de

Uninsured versus underinsured? There is a big difference, and the jury should know!

The Fifth District Court of Appeal reversed a jury trial verdict in favor of the plaintiffs/insureds in an underinsured motorist case in which the the trial court granted the plaintiffs’ motion in limine in order to prevent the jury from hearing t Legal Update for Florida Coverage & Property Litigation – December 2024 is prepared by Marshall Dennehey to provide information on recent legal de

Appellate Court finds no settlement contract due to carrier’s conditional settlement offer and failure to finalize performance within a reasonable timeframe.

The Third District Court of Appeals reversed the trial court’s order granting the homeowners’ motion to enforce a pre-suit settlement agreement and remanded for further proceeding.  Legal Update for Florida Coverage & Property Litigation – December 2024 is prepared by Marshall Dennehey to provide information on recent legal de

Court finds contract invoking direction to pay is an assignment and subject to requirements for assignments in Florida Statute § 627.7152.

The plaintiff, Holding Insurance Companies Accountable, LLC (HICA), brought an action against American Integrity Insurance Company of Florida, alleging it was an assignee of insurance benefits under a policy issued by the carrier for services prov Legal Update for Florida Coverage & Property Litigation – December 2024 is prepared by Marshall Dennehey to provide information on recent legal de

Fifth District Court of Appeal found it was error to apply §627.70152 retroactively to the policy in this case and reversed the summary judgment entered below and remand for further proceedings.

The insureds filed a breach of contract lawsuit against their homeowner insurance carrier in April 2022 for damage that occurred at their property in November 2020. Legal Update for Florida Coverage & Property Litigation – December 2024 is prepared by Marshall Dennehey to provide information on recent legal de

Florida’s Third District Court of Appeal reverses five interlocutory orders in favor of the appellees, leading to a reversal of the final judgment.

Citizens Property Insurance Corporation appealed a May 2, 2023, final judgment entered in favor of Ramon and Aleida Arias, which resulted from three partial summary judgment orders, one motion for leave to amend an order and one Daubert o Legal Update for Florida Coverage & Property Litigation – December 2024 is prepared by Marshall Dennehey to provide information on recent legal de

Court denies defendant’s motion for summary judgment for failing to strictly comply with Fla. R. Civ. P. and case management order and sanctions defendant.

The court denied the defendant’s motion for final summary judgment because the defendant’s amended expert affidavit in support of its motion was not filed until 21 days before the hearing, in violation of Fla. R. Civ. P. 1.510(c)(5). Legal Update for Florida Coverage & Property Litigation – September 2024 is prepared by Marshall Dennehey to provide information on recent legal d