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

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

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

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

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

Summary Judgment Secured in a Pennsylvania Breach of Contract Matter

We won summary judgment before the Honorable Anthony Verwey in Chester County, PA. The plaintiff filed suit for breach of contract and violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law (PAUTPCPL) against the defendants over the installation of an allegedly defective storm water remediation system. Summary judgment was sought on the grounds that the plaintiff could not prove damages without an expert.

Summary Judgment Won in Slip and Fall Case Involving a Large Supermarket Chain

We won summary judgment in Franklin County, Ohio, for a large supermarket chain in a slip-and-fall case. The plaintiff alleged he slipped and fell in the parking lot on ice that remained more than two days after the most recent snow fall and after the lot had been plowed and salted by a co-defendant. The plaintiff’s expert opined that no amount of remaining snow or ice is acceptable and that the standard of care according to the Ohio Building Code requires complete removal in order to maintain a “slip-resistant” surface.

Defense Verdict Received in a High/Low Arbitration

We received a defense verdict in a high/low arbitration. We represented a surgeon in a case in which the plaintiff alleged a delay in the performance of an appendectomy for a perforated appendix. The plaintiff went on to require a prolonged hospitalization and two subsequent surgeries. We successfully argued that the delay in the performance of the surgery did not result in any of the plaintiff’s alleged injuries.