Publications
Legal Updates for Florida Coverage and Property Litigation - 2024 to Present
Legal Updates for Florida Coverage and Property Litigation, September 2025
Legal Updates for Florida Coverage and Property Litigation, June 2025
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
Second District Court of Appeal Finds Carriers Cannot Limit Damages to Actual Cost Value at the Trial Involving a Denied Claim
The carrier provided a homeowner’s policy to the insureds that provided property coverage for their home. The insureds made a claim, which the carrier denied, finding it was not covered under the provisions of the policy.
Legal Update for Florida Coverage & Property Litigation – September 2025 is prepared by Marshall Dennehey to provide information on recent legal d
Appeals Court Upholds Dismissal of Homeowner’s Lawsuit Under Invited Error Doctrine
A Florida appellate court upheld the dismissal of a homeowner’s breach of contract lawsuit after finding the insured could not challenge on appeal a procedure she had advocated for in the trial court.
Legal Update for Florida Coverage & Property Litigation – September 2025 is prepared by Marshall Dennehey to provide information on recent legal d
Florida’s Fourth District Court of Appeal Affirms Summary Judgment in Late-Notice Claim
The Fourth District Court of Appeal upheld a summary judgment in favor of First Protective Insurance Company in a dispute stemming from delayed notice of storm-related damage.
Legal Update for Florida Coverage & Property Litigation – September 2025 is prepared by Marshall Dennehey to provide information on recent legal d
Florida Appeals Court Rules Defendant’s Proposal for Settlement Was Neither Ambiguous nor Designed to Extinguish Separate, Future or Pending Claims
In a continuation of protracted litigation between Infinity Auto Insurance Company and Miami Open MRI, LLC, the Third District Court of Appeal reversed a trial court’s denial of Infinity’s motion for attorney’s fees.
Legal Update for Florida Coverage & Property Litigation – June 2025 is prepared by Marshall Dennehey to provide information on recent legal develo