Litigating Civil Cases at Lightning Speed: The Impending Florida Civil Procedure Rule Changes

Fort Lauderdale
Insurance Services – Coverage & Bad Faith Litigation
Civil litigation in Florida is time-consuming. It always has been. Florida civil rules of procedure do not contain the procedural safeguards, like speedy trial rules, afforded to criminal defendants to expedite the process. Legal Update for Florida Coverage & Property Litigation – July 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
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Third District Court reversed and remanded order granting insured’s motion for summary judgment based on insured’s failure to comply with policy conditions.

Fort Lauderdale
Insurance Services – Coverage & Bad Faith Litigation
First Party Property
In the underlying matter, LFC Medical Center (LFC) filed for summary judgment, which was granted by the trial court. Legal Update for Florida Coverage & Property Litigation – July 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
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District Court finds that trial court’s order lacked specificity, stressing that when a party asserts privilege objections, the trial court must make specific findings to support the overruling of those objections.

Jacksonville
Insurance Services – Coverage & Bad Faith Litigation
First Party Property
This case involved a roof repair performed by Apex Roofing and the insured having executed an Assignment of Benefits (AOB). The carrier issued payment, but Apex Roofing felt it was entitled to a larger payment. Legal Update for Florida Coverage & Property Litigation – July 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
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First District Court of Appeal finds setoff is appropriate in an underinsured motorist claim when the tortfeasor’s liability coverage is available to an injured plaintiff, even when no benefits have been paid.

Fort Lauderdale
Insurance Services – Coverage & Bad Faith Litigation
First Party Property
The plaintiff had been involved in a vehicle accident and pursued a claim with the tortfeasor motorist’s liability insurance, with limits of $25,000.00, but later abandoned the claim. Legal Update for Florida Coverage & Property Litigation – July 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
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Summary judgment ruling reversed for failure to comply with timing requirements of Fla. R. Civ. P. 1.510(b).

Orlando
Insurance Services – Coverage & Bad Faith Litigation
First Party Property
In this case, Florida’s Fourth District Court of Appeal addressed issues of timing with respect to summary judgment motions under Fla. R. Civ. P. 1.510(b). Legal Update for Florida Coverage & Property Litigation – July 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
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A preferred contractor endorsement in a homeowners policy applies to the contractor hired by the insured.

Fort Lauderdale
Insurance Services – Coverage & Bad Faith Litigation
First Party Property
In this appeal, the Second District Court of Appeals affirmed summary judgment in favor of the insurer when a mitigation and remediation company hired by the insureds, pursuant to an assignment of benefits, attempted to challenge an endorsement in Legal Update for Florida Coverage & Property Litigation – July 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
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Fourth District Court upheld that, while the homeowners’ Proposal for Settlement was a joint proposal, there was no need for apportionment to comply with rule 1.442.

Orlando
Insurance Services – Coverage & Bad Faith Litigation
First Party Property
On May 15, 2024, the Fourth District Court of Appeals rendered a decision regarding a prevailing homeowners’ request for attorney’s fees on ground that the Proposal for Settlement (PFS) was valid under Florida Rule of Civil Procedure 1.442(c)(3). Legal Update for Florida Coverage & Property Litigation – July 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
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Second District Court of Appeals finds the trial court erred in granting summary judgment in favor of insured where she and carrier’s competing affidavits created a general issue of material fact which should have precluded summary judgment.

Tampa
Insurance Services – Coverage & Bad Faith Litigation
First Party Property
Ms. Lassiter alleged that in April 2020, her home sustained damage when wind and hail damaged her roof, causing leaks and resulting in interior water intrusion damage. Legal Update for Florida Coverage & Property Litigation – July 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
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