Publications
Fourth District Court of Appeal Overturns Trial Court’s Ruling, Citing Lack of Evidence for Jury Award.
The Fourth District Court of Appeal reversed the trial court’s denial of Universal’s motion for remittitur.
Legal Update for Florida Coverage & Property Litigation – March 2025 is prepared by Marshall Dennehey to provide information on recent legal devel
Second District Court of Appeal Reinstates Homeowner’s Lawsuit, Assigns New Judge Over Bias Concerns.
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
Third District Court of Appeal Rules Affidavit Lacks Evidence Linking Damage to Tropical Storm Eta.
Thomas Bouchard, the appellant, appealed a final summary judgment order entered in favor of Citizens Property Insurance Corp.
Legal Update for Florida Coverage & Property Litigation – March 2025 is prepared by Marshall Dennehey to provide information on recent legal devel
Fourth District Court of Appeal: Noncompliance with Post-Loss Requirements Is a Contract Breach, No Prejudice to Insurer Needed.
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
Fourth District Court of Appeals Rules in Favor of Homeowners, Citing Trial Court Calendaring Error.
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
Attorneys’ Fee Amount and Multiplier Reversed by Appellate Court.
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
Court Reverses Summary Judgment, Finding Insurer Failed to Prove Policy Exclusion.
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
Fifth District Court of Appeal Rules Insurance Benefit Assignment to Roofing Contractor Invalid Under Florida Statute § 627.7152.
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
Waiver of Civil Remedy Notice Defenses: Florida Court Rules Against Insurer in Bad Faith Case.
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
Fourth District Court of Appeal Rules Policy Endorsement Prevails Over Main Policy in Case of Conflict.
Colony Insurance Company’s insurance policy with the general contracting company, Titan Restoration Construction, Inc., contained an endorsement with a subcontractor provision (the endorsement) which required a subcontractor to name Titan as an ad
Legal Update for Florida Coverage & Property Litigation – March 2025 is prepared by Marshall Dennehey to provide information on recent legal devel