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.  

Dismissal Obtained in Case Involving Motor Vehicle Accident

We obtained an order granting our motion to dismiss for failure to allege facts supporting a bad faith claim pursuant to Pennsylvania and federal case law. The case arose out of an uninsured motorist (UM) claim from a motor vehicle accident involving the plaintiff and a phantom vehicle. As a result of the accident, the plaintiff averred that he sustained various injuries, including to his head, neck, back, both knees and left shoulder. The plaintiff asserted an uninsured motorist benefit claim under his insurer’s policy, with $50,000 in UM benefits and with no stacking.

Dismissal with Prejudice Obtained in Dragonetti Action in Federal Court

We obtained a dismissal with prejudice of all claims in a Dragonetti action in federal court in the Western District of Pennsylvania. Our clients, a family law attorney and her law firm, were sued after they filed a series of emergency motions on behalf of a mother embroiled in a contentious divorce. The emergency motions concerned the welfare of children and contained sensitive allegations relating to purported abuse. Following the disposition of these motions, the husband and his current partner sued our clients for wrongful use of civil proceedings, abuse of process and defamation.

Successfully Defended Appeal in Legal Malpractice Action

We successfully defended on appeal the trial court’s grant of compulsory nonsuit in a legal malpractice action following the trial court’s rulings on various motions in limine. The trial court granted our clients’ motions in limine to preclude the plaintiff from introducing into evidence that its attorney sued the wrong parties, that its attorney obtained an uncollectable judgment, and that the plaintiff would have prevailed in a lawsuit against other parties.