Waiver of Civil Remedy Notice Defenses: Florida Court Rules Against Insurer in Bad Faith Case.

Jacksonville
Insurance Services – Coverage & Bad Faith Litigation
Property Litigation
The insured was injured in 2011 when he was rear-ended by a driver who had a $10,000.00 insurance policy. The insurance carrier refused to pay benefits to the insured under the insured’s underinsured motorist coverage. Legal Update for Florida Coverage & Property Litigation – March 2025 is prepared by Marshall Dennehey to provide information on recent legal devel
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Fifth District Court of Appeal Rules Insurance Benefit Assignment to Roofing Contractor Invalid Under Florida Statute § 627.7152.

Fort Lauderdale
Insurance Services – Coverage & Bad Faith Litigation
Property Litigation
The homeowner reported roof damage to his homeowners insurance carrier, American Integrity Insurance. He signed a “Direction of Payment” with Noland’s Roofing, instructing his carrier to pay Noland’s Roofing directly. Legal Update for Florida Coverage & Property Litigation – March 2025 is prepared by Marshall Dennehey to provide information on recent legal devel
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Court Reverses Summary Judgment, Finding Insurer Failed to Prove Policy Exclusion.

Orlando
Insurance Services – Coverage & Bad Faith Litigation
Property Litigation
The Fourth District Court of Appeal reversed the trial court’s order granting summary judgment in favor of the insurance carrier, finding the carrier did not satisfy its burden of proving an exclusionary provision of the policy, thereby holding a Legal Update for Florida Coverage & Property Litigation – March 2025 is prepared by Marshall Dennehey to provide information on recent legal devel
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Attorneys’ Fee Amount and Multiplier Reversed by Appellate Court.

Fort Lauderdale
Insurance Services – Coverage & Bad Faith Litigation
Property Litigation
The Third District Court of Appeal reversed and remanded the initial fee award entered by the trial court: $150 per hour more than plaintiff’s counsel’s contingency fee agreement and a 1.8 multiplier. Legal Update for Florida Coverage & Property Litigation – March 2025 is prepared by Marshall Dennehey to provide information on recent legal devel
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Fourth District Court of Appeals Rules in Favor of Homeowners, Citing Trial Court Calendaring Error.

Orlando
Insurance Services – Coverage & Bad Faith Litigation
Property Litigation
The Fourth District Court of Appeals found that the homeowners demonstrated excusable neglect and the trial court erred when it denied their motion to vacate the judgment. Legal Update for Florida Coverage & Property Litigation – March 2025 is prepared by Marshall Dennehey to provide information on recent legal devel
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Fourth District Court of Appeal: Noncompliance with Post-Loss Requirements Is a Contract Breach, No Prejudice to Insurer Needed.

Tampa
Insurance Services – Coverage & Bad Faith Litigation
Property Litigation
The Fourth District Court of Appeals ruled that the final judgment against the appellant stands because the appellant failed to comply with the requirement to submit a proof of loss.  Legal Update for Florida Coverage & Property Litigation – March 2025 is prepared by Marshall Dennehey to provide information on recent legal devel
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Second District Court of Appeal Reinstates Homeowner’s Lawsuit, Assigns New Judge Over Bias Concerns.

Tampa
Insurance Services – Coverage & Bad Faith Litigation
Property Litigation
The Second District Court of Appeal revived an insurance coverage suit a homeowner brought against his insurance carrier, removed the presiding judge from the case and assigned it to a new judge to preserve any appearance of bias. Legal Update for Florida Coverage & Property Litigation – March 2025 is prepared by Marshall Dennehey to provide information on recent legal devel
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Successfully contested claimant’s request for authorization for a van with a wheelchair lift, arguing its medical necessity

Workers' Compensation

We successfully contested a claimant’s request for authorization for a van equipped with a wheelchair lift, arguing it was not a medical necessity following a work-related injury. Testimony revealed the claimant’s significant mobility challenges were due to a work-related traumatic brain injury and spastic hemiplegia. However, the employer/carrier contested the request, asserting it was neither reasonable nor medically necessary based on the authorized treating physician’s assessment.

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