Failure to provide reasonable notice and opportunity to be heard rendered trial court’s involuntary dismissal of plaintiff’s suit a violation of due process.

Orlando
Insurance Services – Coverage & Bad Faith Litigation
Property Litigation
This appeal followed a trial court’s entry of a final order dismissing Babcock New Haven, LLC’s lawsuit for failure to comply with a prior order that required it to obtain successor counsel by a certain date. Legal Update for Florida Coverage & Property Litigation – June 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
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Defendant’s request for attorney’s fees within its summary judgment motion is insufficient to place plaintiff on notice that defendants are claiming attorney’s fees.

Orlando
Insurance Services – Coverage & Bad Faith Litigation
Property Litigation
On February 6, 2024, the Fifth Circuit Court in Hernando County, Florida, rendered a decision regarding a prevailing defendant’s request for attorney’s fees within a motion for summary judgment. Legal Update for Florida Coverage & Property Litigation – June 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
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District court grants motion for rehearing but maintains its prior decision that affirmed the trial court’s decision in favor of defendant in a subrogation dispute.

Fort Lauderdale
Insurance Services – Coverage & Bad Faith Litigation
Property Litigation
In this interesting dispute, the Second District Court of Appeal took the unusual step of granting a motion for rehearing but maintained its prior decision that affirmed the trial court’s decision in favor of Laguna Riviera in a subrogation disput Legal Update for Florida Coverage & Property Litigation – June 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
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Addition of a definition for the term “structural damage” to Section 627.706(2) does not alter an insured’s burden of proof.

Tampa
Insurance Services – Coverage & Bad Faith Litigation
Property Litigation
In April, the Second District Court of Appeal affirmed the lower court’s ruling that a statutory change, which added a definition for the term “structural damage” to a particular statute governing insurance coverage for sinkhole losses (Florida St Legal Update for Florida Coverage & Property Litigation – June 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
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Appraisal was premature because an evidentiary hearing was first required to determine whether the policyholder satisfied the post-loss conditions.

Fort Lauderdale
Insurance Services – Coverage & Bad Faith Litigation
Property Litigation
Heritage Property & Casualty appealed an order compelling a commercial Hurricane Irma claim to appraisal. Legal Update for Florida Coverage & Property Litigation – June 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
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Jack Slimm and Jeremy Zacharias Win Pivotal NJ Appellate Decision Impacting the Defense of Plaintiff’s Counsel in Legal Malpractice Actions

Mount Laurel
Lawyers' Professional Liability
In an appellate decision impacting the defense of the plaintiff’s bar in legal malpractice actions, Jack Slimm and Jeremy Zacharias were successful in defending an appeal in the matter of DeCaro v. Elkind & DiMento, A-2707-22 (App. Legal Update for Lawyers’ Professional Liability – May 22, 2024
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