Publications
Litigating Civil Cases at Lightning Speed: The Impending Florida Civil Procedure Rule Changes
Civil litigation in Florida is time-consuming. It always has been. Florida civil rules of procedure do not contain the procedural safeguards, like speedy trial rules, afforded to criminal defendants to expedite the process.
Legal Update for Florida Coverage & Property Litigation – July 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
Appraisal was premature because an evidentiary hearing was first required to determine whether the policyholder satisfied the post-loss conditions.
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
The trial court incorrectly entered directed verdict for the insurer.
Following a jury trial, the circuit court entered a directed verdict for the insurer and set aside the jury’s verdict, concluding the insured failed to provide the insurer with prompt notice of the loss.
Legal Update for Florida Coverage & Property Litigation – June 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
Addition of a definition for the term “structural damage” to Section 627.706(2) does not alter an insured’s burden of proof.
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
Trial courts must make specific findings as to reasonableness of hours and reductions in attorney fee awards.
This case arises from Universal Property & Casualty Insurance Company’s appeal of a trial court’s award of attorney’s fees to the plaintiffs/insureds as the prevailing party.
Legal Update for Florida Coverage & Property Litigation – June 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
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.
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
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.
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
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.
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
Appellate court affirms ruling a sworn proof of loss and estimate related to later claim was inadmissible as hearsay and irrelevant.
The insured reported a claim to Universal Casualty & Property Insurance Company in February 2016 for water damage from a roof leak, allegedly occurring in January 2016.
Legal Update for Florida Coverage & Property Litigation – June 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
Circuit Court of Appeals finds Fla. Stat. § 627.70132 does not require notice of a supplemental claim to include an estimate of damages.
In this unpublished opinion, the Eleventh Circuit was presented with the issue of whether Florida Statute § 627.70132 required the insured’s notice of a supplemental claim to its insurance carrier include an estimate of damages.
Legal Update for Florida Coverage & Property Litigation – June 2024 is prepared by Marshall Dennehey to provide information on recent legal develo