Date range

Where a windstorm loss occurs during a “hurricane occurrence,” the loss must bear at least some causal nexus with the hurricane for the policy’s hurricane deductible to apply.

In this case, Florida’s Fifth District Court of Appeals addresses proper application of a hurricane deductible. Legal Update for Florida Coverage & Property Litigation – May 2024 is prepared by Marshall Dennehey to provide information on recent legal develop

Court rules the more reasonable interpretation of the term “hurricane occurrence” is the loss had to have been caused by the hurricane.

Florida Farm Bureau General Insurance Company (Farm Bureau) appealed an order granting summary judgment in favor of the plaintiffs, Richard and Nancy Jones. Legal Update for Florida Coverage & Property Litigation – May 2024 is prepared by Marshall Dennehey to provide information on recent legal develop

Florida Rule of Civil Procedure 1.442(c)(3)’s apportionment requirement found inapplicable by virtue of Rule 1,442(c)(4) as the complaint explicitly alleged the co-defendant was only constructively liable for its alleged breach of the purchase agreement.

On March 20, 2024, the Third District Court of Appeal rendered a decision concerning the characterization of a “joint proposal” for settlement governed by Florida Rule of Civil Procedure 1.442(c)(3). Legal Update for Florida Coverage & Property Litigation – May 2024 is prepared by Marshall Dennehey to provide information on recent legal develop

LEGAL ROUNDUP - Pennsylvania

Pennsylvania Superior Court holds that trial court correctly entered nonsuit on plaintiff’s corporate negligence claim for failing to show actual or constructive knowledge. Pennsylvania Superior Court holds that, under Section 311 of MCARE, matters reviewed do not require a document be specifically reviewed by a patient safety committee. Pennsylvania Supreme Court holds that No Felony Conviction Recovery Rule barred medical malpractice and indemnification claims.Dinardo v. Kohler, 304 A.3d 1187 (Pa. 2023) The Quarterly Dose – May 2024, has been prepared for our readers by Marshall Dennehey.