Fourth District Court of Appeal recedes from prior case law and finds a motion or request for trial de novo must be made within 20 days of an adverse arbitration decision, or trial is waived.

Fort Lauderdale
Property Litigation
Insurance Services – Coverage & Bad Faith Litigation
The plaintiff filed suit against several physicians and two hospitals, including Lawnwood Medical Center, Inc., for medical negligence after a family member’s death during a hospitalization. Legal Update for Florida Coverage & Property Litigation – August 2024 is prepared by Marshall Dennehey to provide information on recent legal deve
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Summary judgment reversed as causation remained in dispute in subrogation action.

Orlando
Property Litigation
Insurance Services – Coverage & Bad Faith Litigation
Reyes brought this appeal following the trial court’s granting of summary judgment in favor of GEICO in a subrogation action the carrier had brought against Reyes arising from an automobile accident. Legal Update for Florida Coverage & Property Litigation – August 2024 is prepared by Marshall Dennehey to provide information on recent legal deve
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Affidavits in support of motions for summary judgment must be based on personal knowledge and provide underlying facts.

Fort Lauderdale
Property Litigation
Insurance Services – Coverage & Bad Faith Litigation
In this case, an action for declaratory relief to find the insured committed certain material misrepresentations in its insurance application, the Circuit Court struck the insurance company’s underwriter’s affidavit and granted the insured’s motio Legal Update for Florida Coverage & Property Litigation – August 2024 is prepared by Marshall Dennehey to provide information on recent legal deve
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Because a party cannot create causes of action not set forth in Florida Rules of Court, motion to compel appraisal denied because no Florida court has jurisdiction over petition to select an appraiser and policy cannot confer that jurisdiction.

Orlando
Property Litigation
Insurance Services – Coverage & Bad Faith Litigation
On March 7, 2024, the Eleventh Circuit Court in Miami-Dade County, Florida, rendered a decision regarding a defendant insurer’s motion to compel appraisal. Legal Update for Florida Coverage & Property Litigation – August 2024 is prepared by Marshall Dennehey to provide information on recent legal deve
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Trial court abused its discretion by awarding counsel an hourly rate $50 above requested rate without any justification for its decision and trial court erred by applying 2.0 contingency multiplier as it was not supported by record evidence.

Tampa
Property Litigation
Insurance Services – Coverage & Bad Faith Litigation
The homeowners filed a complaint against their insurance carrier, SafePoint, following the denial of their January 2016 hurricane claim. Legal Update for Florida Coverage & Property Litigation – August 2024 is prepared by Marshall Dennehey to provide information on recent legal deve
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Florida’s statutory scheme for medical care through PIP allows 80% reimbursement of charges but limited by the statutory maximum benefit amount if the insurer had that provision in its policy.

Fort Lauderdale
Property Litigation
Insurance Services – Coverage & Bad Faith Litigation
Personal Injury Protection (PIP) Litigation
This matter was on appeal from the Circuit Court for Volusia County. Legal Update for Florida Coverage & Property Litigation – August 2024 is prepared by Marshall Dennehey to provide information on recent legal deve
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Secured Defense Verdict for Global Men’s Hair Dye Manufacturer in Bladder Cancer Claim

Product Liability

We won a defense verdict in a high-exposure product liability trial, defeating claims that a client’s hair dye caused bladder cancer.

The verdict was reached after a two-and-a-half week jury trial in the Philadelphia Court of Common Pleas. The plaintiffs’ claim was that the hair dye made by global men’s hair dye manufacturer caused the husband’s bladder cancer. Prior to trial there was a significant demand, but the jury wholly rejected the plaintiffs’ negligence and strict liability claims.

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