Publications
Legal Updates for Florida Coverage and Property Litigation - 2024 to Present
Legal Updates for Florida Coverage and Property Litigation, June 2025
Florida Appeals Court Rules Defendant’s Proposal for Settlement Was Neither Ambiguous nor Designed to Extinguish Separate, Future or Pending Claims
In a continuation of protracted litigation between Infinity Auto Insurance Company and Miami Open MRI, LLC, the Third District Court of Appeal reversed a trial court’s denial of Infinity’s motion for attorney’s fees.
Legal Update for Florida Coverage & Property Litigation – June 2025 is prepared by Marshall Dennehey to provide information on recent legal develo
Appellate Court Reverses Fee Award, Clarifies ‘Judgment Obtained’ Under Florida’s Offer of Judgment Statute
This case arises from a dispute regarding a Hurricane Irma homeowners’ insurance claim.
Legal Update for Florida Coverage & Property Litigation – June 2025 is prepared by Marshall Dennehey to provide information on recent legal develo
Appeals Court Reverses Verdict, Finds Trial Court Erred in Shifting Burden of Proof in Insurance Dispute
An appellate court ruled in favor of the policyholders, holding that the trial court improperly approved a special verdict form that placed an undue burden on them in their breach of contract claim against the insurance carrier.
Legal Update for Florida Coverage & Property Litigation – June 2025 is prepared by Marshall Dennehey to provide information on recent legal develo
Florida Appeals Court Orders New Trial After Improper Claims Handling Evidence Taints Verdict in Breach of Contract Case
In June 2025, the Fourth District Court of Appeal reversed a final judgment in favor of the insured and remanded for a new trial after concluding that the trial court improperly admitted irrelevant and prejudicial claims handling evidence.
Legal Update for Florida Coverage & Property Litigation – June 2025 is prepared by Marshall Dennehey to provide information on recent legal develo
Florida Law Changes Roofing Contracts in Effort to Better Inform Consumers - CS/CS/HB 715
On May 19, 2025, Governor Ron DeSantis signed into law House Bill 715, which amends existing Florida Statutes to introduce new regulations and consumer protections related to roofing services:
Legal Update for Florida Coverage & Property Litigation – June 2025 is prepared by Marshall Dennehey to provide information on recent legal develo
Federal Court Holds Replacement Cost Value Coverage Requires Completed Repairs and an Actual Cost Value Estimate
The District Court granted summary judgment in favor of the insurance carrier in a dispute arising from a hurricane property damage claim.
Legal Update for Florida Coverage & Property Litigation – June 2025 is prepared by Marshall Dennehey to provide information on recent legal develo
Florida Appeals Court Upholds Insurer’s Denial of Interior Water Damage Claim Under Policy’s Water Damage Exclusion Endorsement
In Spartan Services Corp. v.
Legal Update for Florida Coverage & Property Litigation – June 2025 is prepared by Marshall Dennehey to provide information on recent legal develo
Court Grants Summary Judgment to Insurer, Finding No Breach Where Plaintiffs Failed to Submit Competing Actual Cash Value Estimate or Make Repairs
The court ruled that an insurance carrier did not breach its policy by paying actual cash value damages alone because the plaintiffs neither submitted a competing actual cash value estimate nor made repairs required to trigger replacement cost val
Legal Update for Florida Coverage & Property Litigation – June 2025 is prepared by Marshall Dennehey to provide information on recent legal develo
Fourth District Court of Appeal Reinstates Insurer’s Prompt Notice Defense, Reverses Trial Court’s Waiver Finding
In a dispute over an alleged undervaluation of their insurance claim, the insureds sued for breach of contract.
Legal Update for Florida Coverage & Property Litigation – June 2025 is prepared by Marshall Dennehey to provide information on recent legal develo