Thirtieth Circuit Court granted insurer’s motion for judgment on the pleadings for failure to comply with § 627.7152, Florida Statutes (2022) and dismissed the case with prejudice due to the incurable defect of the assignment agreement.

Orlando
Insurance Services – Coverage & Bad Faith Litigation
The plaintiff’s case arose out of an assignment of insurance benefits agreement executed by the insured-assignor and the plaintiff-assignee on April 19, 2022, which was attached to the plaintiff’s complaint as an exhibit, along with numerous estim Legal Update for Florida Coverage & Property Litigation – September 2024 is prepared by Marshall Dennehey to provide information on recent legal d
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Fourth District Court of Appeals finds that insureds failed to provide insurance carrier with “prompt notice” as a matter of law.

Tampa
Insurance Services – Coverage & Bad Faith Litigation
On September 10, 2017, Hurricane Irma allegedly caused damage to the roof of the homeowners’ property, resulting in interior water intrusion issues. Legal Update for Florida Coverage & Property Litigation – September 2024 is prepared by Marshall Dennehey to provide information on recent legal d
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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.

Fort Lauderdale
Insurance Services – Coverage & Bad Faith Litigation
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
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Court reverses Appeal Board ruling on an entitlement to reinstate benefits as of date claimant returned LIBC-760 form to employer, as benefits were in suspension status because of a judge’s prior decision, not for claimant’s failure to return the form.

King of Prussia
Workers' Compensation
This case involves multiple intertwined rounds of litigation. The claimant was a firefighter who sustained injuries in May 2004, when he fell in a stairwell while pulling down a ceiling in a burning building. What’s Hot in Workers’ Comp, Vol. 28, No.
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A workers’ compensation judge did not abuse his discretion in finding that decedent was in an ongoing employment relationship with defendant at the time of death and was not a borrowed servant at the time of his fatality.

King of Prussia
Workers' Compensation
This case involved two companies involved in coal mining operations, West Spring and Reading Anthracite Company (RAC). The decedent was employed by West Spring as an equipment operator, but he had been scheduled to be laid off. What’s Hot in Workers’ Comp, Vol. 28, No.
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Appellate Division finds that petitioner failed to sustain her burden of proving that her need for treatment was related to work incident, thus, denial of her motion for medical and temporary benefits was affirmed.

Mount Laurel
Workers' Compensation
The petitioner appealed a workers’ compensation order denying her motion for medical and temporary benefits. By way of background, she worked as a teacher, and on July 6, 2021, a male student kicked her in her left breast. What’s Hot in Workers’ Comp, Vol. 28, No.
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