Fifth District Court of Appeals overturned trial court’s dismissal of insured’s complaint as the policy’s loss payment provision included a provision for statutory interest.

Jacksonville
Insurance Services – Coverage & Bad Faith Litigation
The insured suffered water damage caused by a overflowing sink. State Farm covered the loss, and the parties participated in the appraisal process. Legal Update for Florida Coverage & Property Litigation – May 2024 is prepared by Marshall Dennehey to provide information on recent legal develop
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Without a judicial determination that the insurer acted in bad faith, it was reversible error for the trial court to enter a final judgment in excess of the policy limits.

Fort Lauderdale
Insurance Services – Coverage & Bad Faith Litigation
This appeal followed a trial for underinsured motorist (UM) benefits in which the judge entered a final verdict in the amount of $1,052,593.21, despite the fact that the policy only provided $100,000 in UM benefits. Legal Update for Florida Coverage & Property Litigation – May 2024 is prepared by Marshall Dennehey to provide information on recent legal develop
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On appeal, the court found an issue of fact remained as to whether the insured “refused to comply” with the examination under oath in the presence of only the insurer’s videographer and court reporter.

Fort Lauderdale
Insurance Services – Coverage & Bad Faith Litigation
The insured appealed a final judgment in the insurer’s favor, claiming the insured breached the policy by failing to submit to an examination under oath (EUO). Legal Update for Florida Coverage & Property Litigation – May 2024 is prepared by Marshall Dennehey to provide information on recent legal develop
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Florida’s Third District Court of Appeals quashes trial court’s order compelling production of certain claim file documents.

Insurance Services – Coverage & Bad Faith Litigation
During discovery, Vault Reciprocal Exchange responded to Luria’s request for production and preemptively filed a privilege log, which objected to the production of various documents as work product. Legal Update for Florida Coverage & Property Litigation – May 2024 is prepared by Marshall Dennehey to provide information on recent legal develop
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