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Stuart H. Sostmann

Portrait of Stuart H. Sostmann

With over two decades of experience as a litigator, Stuart concentrates his practice in the area of commercial general liability. He routinely handles high exposure matters in the fields of product liability, premises liability, auto liability, construction litigation, marine liability, dram shop and commercial litigation. This includes cases involving personal injuries and property damage claims.

As the Managing Attorney of the firm's third-largest office, Stuart oversees the daily operations, including the supervision of 75 employees. In addition to his managerial duties, Stuart serves as the Casualty Supervisor, where he ensures that all client matters are handled promptly, professionally, and effectively by the team of attorneys.

In his career, Stuart has represented manufacturers, suppliers and retailers in product liability matters, including electronics, medical equipment, food products, appliances, farm equipment, plumbing equipment, power tools, toys and sports and recreational equipment. He frequently represents property owners, retailers, pharmacies, general contractors, subcontractors and utilities in premises liability litigation. He has tried numerous cases to verdict in counties throughout Western Pennsylvania.

A significant portion of Stuart’s practice has been devoted to construction litigation. These cases are highly complex and require deep industry knowledge and experience. Stuart has handled a wide range of construction injury and defect cases, representing contractors, subcontractors, material suppliers, engineers, architects, and other construction professionals throughout Pennsylvania. His experience includes defending against claims involving construction defects such as water intrusion from faulty roofing or window and door seals, cracked foundations or improper waterproofing, structural and design issues, mold intrusion, drywall defects, and soil subsidence, heaving, or movement.

Stuart attended the University of Pittsburgh graduating with a B.A. in Political Science. He then attended the University of Pittsburgh School of Law where he participated in the Appellate Moot Court Program, Student Bar Association and the Health Law Certificate Program. He obtained his juris doctor from the University of Pittsburgh School of Law.

Stuart currently serves on the Marshall Dennehey Diversity, Equity and Inclusion Committee working to improve the recruitment, retention and advancement of diverse attorneys and professionals. He is the former President of the Pennsylvania Defense Institute, an organization of civil defense attorneys, executives of insurance companies and self-insured corporations. Stuart is also a member of the Allegheny County Bar Association and the Academy of Trial Lawyers of Allegheny County. Among his many honors, he is Rated AV® Preeminent™ by LexisNexis Martindale-Hubbell and is recognized among the Best Lawyers in America for his work in product liability litigation. Stuart is additionally recognized as Pennsylvania Super Lawyer.

    • University of Pittsburgh School of Law (J.D., 1999)
    • University of Pittsburgh (B.A., cum laude, 1996)
    • Pennsylvania, 1999
    • U.S. Supreme Court, 2023
    • AV® Preeminent™ by Martindale-Hubbell®
    • The Best Lawyers in America®, "Lawyer of the Year," Pittsburgh, Product Liability Litigation – Defendants (2026)
    • The Best Lawyers in America®, Product Liability Litigation - Defendants (2022-2026)
    • Pennsylvania Super Lawyers (2018-2022; 2025-2026)
    • Allegheny County Bar Association
    • American Bar Association
    • Pennsylvania Defense Institute, President 2022-2023; Executive VP of Operations 2021-2022; Executive VP of Programming 2020-2021
    • AI in the Legal Profession, Marshall Dennehey Client Presentation, September 2024
    • Civil Litigation State of Affairs – The Impact of COVID-19 in Pennsylvania and New Jersey & What’s Next, Marshall Dennehey Client Webinar, May, 2021
    • An Overview of Construction Defect Litigation in Pennsylvania, Nationwide Insurance Company, December 16, 2014
    • Commercial Defense Practice in New York, New Jersey & Pennsylvania, Nationwide Insurance Company, December 5, 2014
    • Brief Overview of Pennsylvania Contractual Indemnity and Additional Insured Issues, Nationwide Insurance Company, April 2012
    • Discoverability and Proper Use of Claim Notes, Berkley Mid-Atlantic, October 2011
    • “Yes! Waivers of Liability for Recreational Activities Are Still Effective in Pennsylvania,” Defense Digest, Vol. 23, No. 1, March 2017
    • "Timing Is Everything, Even for Bad Faith Claims," Defense Digest, Vol. 6, No. 1, February 2000 
    • Obtained a defense verdict following a three-day jury trial in a slip and fall injury case. The plaintiff slipped in the lobby of a commercial building and claimed a serious and ongoing injury to her right shoulder.  Plaintiff alleged she fell due to a wet floor caused by the facilities management’s cleaning process and the lack of sufficient visible wet floor caution signs. Plaintiff underwent two surgeries, claimed ongoing pain and suffering, and sought $500,000 prior to trial. We represented the building ownership and the facilities management company. Problematic for the defense was the lack of a surveillance video of the incident, photographs of the lobby contemporaneous to the incident, or an incident report.  Despite this, we persuaded the jury to find for the Defense by establishing a consistent and credible history of habitual practice in the placement of wet floor signs across the lobby in highly visible areas. We also won the credibility battle through our well-prepared witnesses.  Although faced with a sympathetic plaintiff with a substantiated history of medical treatment, we succeeded by presenting the case using “old school” personal injury defense tactics that were necessary due to the lack of video, photographs, and documentation.    
    • Successfully argued a precedent-setting case in the Pennsylvania Superior Court where a waiver of subrogation clause in a construction contract was applied to building damages caused by a windstorm three years after the project was completed. 
    • Successfully defended a product installer at trial in a single vehicle accident, where the placement of the product in the vehicle was claimed to be the cause of the crash at high speed.  A defense verdict was obtained after a 5 day jury trial where the demand was $800,000 prior to trial.

Results

Defense Verdict Following Jury Trial in Slip and Fall Case in the Court of Common Pleas of Allegheny County.

The plaintiff slipped in the lobby of a commercial building and claimed a serious and ongoing injury to her right shoulder. She alleged she fell due to a wet floor caused by the facilities management’s cleaning process and the lack of sufficient visible wet floor caution signs. The plaintiff underwent two surgeries, claimed ongoing pain and suffering, and sought $500,000 prior to trial.  We represented the building ownership and the facilities management company. Problematic for the defense was the lack of a surveillance video of the incident, photographs of the lobby contemporaneous to the incident, or an incident report. Despite this, we persuaded the jury to find for the defense by establishing a consistent and credible history of habitual practice in the placement of wet floor signs in highly visible areas across the lobby.  We also won the credibility battle through our well-prepared witnesses. Although faced with a sympathetic plaintiff with a substantiated history of medical treatment, our attorneys succeeded by presenting the case using “old school” personal injury defense tactics that were necessary due to the lack of video, photographs, and documentation. 

Defense Verdict Secured in Slip-and-Fall Jury Trial

We obtained a defense verdict following a three-day jury trial in a slip-and-fall injury case in the Court of Common Pleas of Allegheny County. The plaintiff slipped in the allegedly wet lobby of a commercial building and claimed a serious and ongoing injury to her right shoulder. Problematic for our case was the lack of a surveillance video of the incident, photographs of the lobby contemporaneous to the incident, or an incident report. Despite this, we persuaded the jury to find for the defense by establishing a consistent and credible history of habitual practice in the placement of wet floor signs across the lobby in highly visible areas. 

Thought Leadership

How I Made Office Managing Attorney: 'Stay True to Yourself, and Things Will Work Out to Your Benefit,' Says Stuart Sostmann of Marshall Dennehey

January 3, 2025

"When I was a younger attorney, I displayed arrogance at times to cover up various insecurities. My advice would be to stay true to yourself, and things will work out to your benefit."

Defense Digest

On the Pulse…Construction Injury Litigation Practice Group

December 1, 2023

Recent data released from the United States Bureau of Labor Statistics reveals that construction laborers accounted for 11.9% of all reported fatal falls, slips, or trips in 2020 across all occupations. Sixty percent of all construction laborers perform their work near or around moving mechanical parts or in close proximity to large moving objects. Fifty percent of these workers reportedly make use of PPE. Construction sites are among the most dangerous places to work in the United States. Indeed, in 2020 alone, construction laborers accounted for 8.9% of all workplace deaths due to exposure to harmful substances or environments. With millions of accidents reported each year, injuries to construction workers are often serious or even catastrophic.  This type of litigation is fraught with difficulty since it tends to involve sophisticated legal issues, multiple parties, multiple causes of action, complex relationships, and problematic factual situations. The law in this area continues to evolve as existing rules and precedent are continually challenged, overturned, replaced, or modified.  Marshall Dennehey’s Construction Injury Litigation Practice Group understands these complex relationships and issues. Our firm has a significant presence in the construction industry in the representation of construction companies/prime contractors, commercial property owners/ managers, developers, design professionals, and demolition, electrical, roofing, and various other trade subcontractors in a wide array of serious loss cases where there is often catastrophic injury or death. With decades of experience, our diverse team of attorneys regularly defends our clients in a multitude of personal injury matters arising out of the construction process. We handle everything from catastrophic injury or death due to contact with objects or equipment, fatal or catastrophic transportation incidents, roofing incidents, and scaffolding/ladder incidents, to the more routine worksite slip and fall incidents.  Our defense approach is aimed at the early identification of key issues and is predicated on developing the earliest possible defense strategies tailored to the individual case and client. Our involvement often begins with pre-litigation accident investigation, claims analysis, best practices related to client document and evidence retention, and early assessment of risk/liability transfer opportunities to shift liability and exposure under the terms of a construction contract, including indemnification and additional insured coverage issues. Our diverse team of trial attorneys have significant experience in handling some of the most high-profile and complex construction litigation matters taking place across the United States, and we have proven time and again, that we are ready and able to try even the most challenging construction injury matters to verdict with the skills needed to prevail.  The depth of our experience is the key to our legal defense in construction injury matters. Our professionals have considerable breadth of experience in this domain. They understand the evolving and complex laws surrounding this volatile area of practice, including issues relating to insurance coverage and claims disputes, additional insured coverage, product liability, workers’ compensation, the statutory employer doctrine, contractor licensing issues, Occupational Safety and Health Act (OSHA) compliance and workplace safety issues, and the peculiar risk doctrine. Through the use of cutting-edge technology and aggressive claim investigation, we are able to assess liability exposure and potential damages issues early on in a case so, together with the client and insurer, we can effectively resolve the case. Our unique strategy and team approach consists of experienced partners, associates, and paralegals capable of handling the basic, as well as the highly-sophisticated and complex, construction injury litigation matters throughout Pennsylvania, New Jersey, Delaware, Ohio, Florida, New York, and Connecticut.  We look forward to your inquiries and remain at your disposal for presentations or seminars your company may desire.     Defense Digest, Vol. 29, No. 4, December 2023, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2023 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com. 

Firm Highlights

Thought Leadership

Appeals Court Reverses Trial Court Order Striking Complaint as Sanction for Violating Discovery Order

All Dry USA v. Savell, 2026 WL 816093 (Fla. 1st DCA 2026) The First District Court of Appeal reversed the trial court’s order denying All Dry USA’s complaint as a sanction for violating a discovery order. The appellate court found that All Dry USA’s failure to comply with the trial court’s case management order did not give the trial court the authority to strike All Dry USA’s pleadings. All Dry USA provided water mitigation, mold remediation, and a restorative tarp at the property owned by the Savells. The property had been damaged by Hurricane Sally. All Dry USA provided invoices for the three services it performed in the amount of $90,130.61. The Savells refused to pay the invoices, stating that while they had retained All Dry USA, there was no agreement reached regarding the cost of the services. All Dry USA proceeded to file a lawsuit against the Savells, alleging breach of contract and unjust enrichment. The Savells answered the lawsuit and served discovery upon All Dry USA. All Dry USA failed to respond to the discovery requests and the Savells moved for an order compelling discovery. The trial court issued an order compelling All Dry USA to respond to Savells discovery requests and comply with all outstanding discovery deadlines per the case management order. On the day its responses were due, All Dry USA filed a motion to extend the deadline to comply with the court’s order. Before the motion was ruled upon, the Savells filed a motion to have All Dry USA’s complaint stricken for violating the trial court’s order compelling All Dry USA’s responses. The trial court granted the motion to strike, and then granted the Savell’s request for entry of default final judgment, based upon there no longer being an operative complaint. The First District Court of Appeal reversed, ruling that an order striking pleadings is justified if it is found that a party has violated numerous discovery orders, or has shown a “deliberate and contumacious disregard of the court's authority.” Mercer v. Raine, 443 So. 2d 944, 946 (Fla. 1983). The appellate court stated that a trial court’s authority to strike pleadings is not unbridled and that the situation before the court did not justify the striking of All Dry USA’s pleadings. In reaching its decision, the First District focused on the fact that the trial court only addressed the potential prejudice to Savell by All Dry USA failing to respond to discovery and seeking an extension of the deadline. The appellate court stated that prejudice is not the only factor to be considered and that the trial court needed to address if All Dry USA’s behavior in failing to comply with the discovery order was willful and deliberate.  The First District also stated that nothing in rule 1.200 or 1.380 grants a trial court the authority to strike a pleading because certain case management deadlines are not met. The appellate court held that the Florida Rules of Civil Procedure allow trial courts to bring the parties in, order them to comply with the case management discovery deadlines, and then strike pleadings if the subsequent discovery orders are disobeyed. This ruling shows the importance of understanding the authority that is binding on the trial court a party is appearing in front of. The First District’s view on a trial court’s ability to strike pleadings is in contrast with other appellate court’s throughout Florida.

News

Marshall Dennehey’s John J. Hare Brings Home Attorney of the Year Honors; Firm Named Litigation Department of the Year in Two Categories

Marshall Dennehey took home top honors in three categories at the The Legal Intelligencer’s 2026 Pennsylvania Legal Awards, held June 11 in Philadelphia. The first place awards include: Attorney of the Year: John J. Hare, Chair of the firm’s Appellate Advocacy & Post-Trial Practice Group and Executive Committee member, together with Charles “Chip” Becker of Kline & Specter Litigation Department of the Year, Appellate – Third Win in a Row! Litigation Department of the Year, Product Liability/Mass Torts “There is no one more deserving of Attorney of the Year honors than John. This award is a testament to his exceptional skill, dedication, and leadership—qualities that truly exemplify the very best of our firm,” said G. Mark Thompson, Marshall Dennehey’s President & CEO. “These honors also reflect the strength and depth of our product liability, mass torts, and appellate practices across Pennsylvania and beyond, underscoring our ongoing commitment to delivering outstanding results for our clients.” Attorney of the Year – John J. Hare, Marshall Dennehey, together with Charles “Chip” Becker, Kline & Specter Over the past year, John and Charles were opposing counsel in many of the highest-profile civil appeals in Pennsylvania. John is renowned as a preeminent appellate lawyer on the defense side, and Chip on the plaintiff's side. They have opposed each other repeatedly, exhibiting peerless professionalism and exceptional civility, while zealously litigating under the unremitting pressure of high-profile litigation and record-setting verdicts totaling more than $3.5 billion. They have also collaborated, outside of litigation, on many commissions, committees, and projects of importance to the Pennsylvania judiciary and legal community. Litigation Department of the Year – Appellate Law, Winner (previous winner, 2025 and 2024) 2025 was another standout year for the firm’s Appellate Advocacy & Post‑Trial Practice Group, led by John J. Hare, which was retained to challenge many of Pennsylvania’s “nuclear” verdicts—awards exceeding $10 million. Notably, the department persuaded the Pennsylvania Superior Court to reverse a Philadelphia judgment of $1.09 billion, the largest judgment ever overturned by a Pennsylvania appellate court. The group’s 11 full‑time Pennsylvania‑based appellate lawyers are at the center of Pennsylvania’s most high-profile matters, bringing more than 150 years of combined appellate experience. They routinely handle post‑trial and appellate matters and are frequently engaged to participate in and monitor trials in high‑exposure cases to ensure that critical legal issues are properly raised and preserved for appeal. Litigation Department of the Year – Product Liability/Mass Torts, Winner This marks the first win for the firm’s Pennsylvania Product Liability and Mass Torts practices, which operate within our Casualty Department, managed by Matthew Schorr and Jeff Rapattoni. For almost five decades, Fortune 500 product manufacturers/distributors and their insurers have turned to these groups to defend their litigation. Led by Bradley D. Remick and Vlada Tasich, our Product Liability group’s success can be attributed to its commitment to keeping abreast of ever-changing legal theories, judicial viewpoints, and evolving technology impacting the product liability landscape. Our attorneys have successfully handled thousands of product liability matters in all jurisdictions across the state. Likewise, our mass tort litigation practice – divided into Asbestos & Mass Tort, and Environmental & Toxic Tort Litigation –  has defended manufacturers, distributors, contractors, and premises owners in thousands of personal injury and other claims. Led by Kevin E. Hexstall and Patrick T. Reilly, most attorneys in these groups have more than 20 years of experience, and our seasoned trial team has tried hundreds of cases to verdict, consistently achieving strong results through both trials and settlements. In addition to these awards, Marshall Dennehey was a Litigation Department of the Year finalist for Professional Liability.

Thought Leadership

Perlmutter Provides Predictability for Punitive Damages Claims in Florida

In a much anticipated decision, the Florida Supreme Court provided clarity for the standards of proof for punitive damages claims in Perlmutter v. Federal Insurance Company, SC2024-0058 (Fla. June 11, 2026). Litigants and trial judges must be mindful of the standards laid out by the Court. And, defense practitioners must be prepared to alter their strategies to defend against such claims. Perlmutter came to the Court from the Fourth District, based on conflict jurisdiction with decisions from the Second and Fifth District and on certification of a question of great public importance as to the standard of proof for punitive damages claims at the pleading stage. Fed. Ins. Co. v. Perlmutter, 376 So. 3d 24, 29 (Fla. 4th DCA 2023). In the underlying case, the Fourth District made two conclusions. First, it held that a “trial court must consider the evidentiary showing by all parties at the hearing on the motion to amend, that is, evidence ‘in the record’ and evidence ‘proffered by the claimant.’”  376 So. 3d at 33. Second, the Fourth held that it “interpreted section 768.72(1) and (2) to require the trial court to make a preliminary determination of whether a reasonable jury, viewing the totality of proffered evidence in the light most favorable to the movant, could find by clear and convincing evidence that punitive damages are warranted.  Id. at 34 (underscoring in the original). In making these conclusions, the court cautioned trial courts that the “preliminary determination” analysis did not entitle the trial court to decide whether the evidence is clear and convincing and noted that the trial court should not weigh evidence and should not determine witness credibility. Id. The Florida Supreme Court accepted jurisdiction and answered the certified question in the negative. It quashed the decision below and remanded the case for application of the following standards: The trial court should consider only the evidence identified or proffered by the claimant; it should not entertain an evidentiary counter-submission from the opponent. The trial court should consider whether a reasonable person could conclude based on the claimant’s evidence, that the defendant committed “intentional misconduct” or “gross negligence” as defined in section 768.72(2) or section 768.72(3). The trial court must review the request for punitive damages in the context of the underlying claims. The trial court should not apply the clear and convincing standard of proof in reviewing the sufficiency of the evidence at the pleading stage. The trial court does not act as a fact-finder; the trial court must not weigh the claimant’s evidence—it cannot decide the truth of the matter. The trial court must consider the record evidence and the proffered evidence in the light most favorable to the plaintiff, but the allegations in the proposed amended complaint are not themselves evidence. Perlmutter, SC2024-0058 at 13-15 (emphasis added). In explaining these standards, the Court interpreted the text of the statute and compared it to a related statute which governs punitive damages in the nursing home context. The nursing home statute expressly calls for evidentiary submissions by “the parties” and expressly tells the trial court to determine whether there is a reasonable basis to believe the claimant could satisfy the “clear and convincing evidence” standard at trial. Id. at 17-18 (comparing the text of section 768.72(1), Florida Statutes, with section 400.0237, Florida Statutes). Without that express language in section 768.72, the statute could not be applied in the same manner. With these standards specially delineated for the trial courts, the Court is “confident that its interpretation of section 768.72(1) will not frustrate the effectiveness of the statute in accomplishing the Legislature’s textually evident purposes.” Id.  at 22 (cleaned up). This remains to be seen. While Perlmutter provides predictability and clarity for trial courts when reviewing the evidentiary submissions in support of a punitive damages claim, the decision will not likely impact the numbers of punitive damages motions filed. Rather, these new parameters will change the way claims are defended, reminiscent of a time when rulings on punitive damages were only subject to certiorari review and appellate courts were limited in reviewing procedural errors. This decision will likely deflate the level-playing field that Florida Rule of Appellate Procedure 9.130(a)(3)(G) addressed by allowing appeals of orders granting and denying punitive damages amendments. Further, Perlmutter may have impliedly created a call to action for the Legislature to amend section 768.72(1) in the same manner it amended section 400.0237 to allow the courts to analyze “admissible evidence submitted by the parties” and determine at a hearing whether there is a reasonable basis to believe the claimant at trial would be able to demonstrate by “clear and convincing evidence” that the recovery of punitive damages is warranted. Until then, defendants must adjust their strategies. To adapt to these new standards, defense practitioners will need to tailor their strategy for defending punitive damages claims since they can no longer submit a counter-proffer or urge a court to apply the clear and convincing standard at the pleading phase. Instead, defendants will need to attack the deficiencies in the claimant’s pleadings and proffer. If the trial court fails to serve as a gatekeeper, and does not apply the above standards, then defendants can pursue an interlocutory appeal under Rule 9.130(a)(3)(G). If a nonfinal appeal is taken, then defendants should move to stay any intrusive financial discovery while the appellate court analyzes the issues on appeal. Finally, defendants should utilize Florida Rule of Civil Procedure 1.510 to serve as a screening device to allow the trial court to analyze all evidence and prevent nonmeritorious punitive damages claims from proceeding to a jury.

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Thought Leadership

Court Reaffirms That Actual Cash Value Includes Labor and Overhead, Not Just Materials

Greenaker v. Universal Prop. & Cas. Ins. Co., Case No. 2D2024-1964, (Fla. 2nd DCA May 8, 2026). The plaintiffs filed a breach of contract suit against Universal for refusal to pay for all of plaintiffs’ damages from a storm in November 2020. Universal filed a motion in limine to prevent the plaintiffs from introducing evidence concerning both actual cash value and replacement cost value of the loss. They argued that the plaintiffs did not complete repairs or incur any expenses in repairing the damaged property, thus being limited to actual cash value as their measure of damage and the plaintiffs’ submitted estimate of damages contained labor costs necessary for repair and, therefore, not an actual cash value estimate. Universal further asked for a directed verdict at the hearing because the plaintiffs would have no evidence to support the claim for damages. The trial court agreed and granted Universal’s motion, entering a final judgment in Universal’s favor.  The plaintiffs filed a motion for rehearing and reconsideration due to the court improperly converting Universal’s motion in limine to a motion for final summary judgment. The court denied plaintiffs’ motion and the plaintiffs appealed. The Second District Court of Appeal agreed with the plaintiffs and determined that the trial court improperly entered a final judgment based on a pretrial ruling in limine, advising there was recognized procedures, including summary judgment, judgment on the pleadings, and default judgment that could have been exercised. Further, the court continued that the improper procedure was not the only reason for the judgment to be reversed. They noted the insurance policy did not provide a definition of actual cash value nor how to calculate it, and the parties disputed the definition and calculation of such.  Universal argued that actual cash value is defined as the value of the property that suffered the direct physical loss less depreciation and deductible, i.e. costs of physical materials that were damaged.  The plaintiffs argued that actual cash value includes the amount of repair costs in addition to the value of the property that suffered direct physical loss because it is calculated as the replacement cost minus depreciation.  The court agreed with the plaintiffs, noting that Universal’s definition was not supported by the insurance contract, the statute governing replacement value insurance contracts, nor decisional authority.  The court noted that Universal “cherry-picked” the phrase “direct physical loss” from the perils insured against provision and applied it to the loss settlement provision, which doesn’t state “direct physical loss,” but instead states “insured loss.”  Further, the court conveyed that application of “direct physical loss” would be used on both actual cash value and replacement cost value, as they are both present in the loss settlement provision, which would mean insureds never got payments beyond costs of physically damaged material, which is contradictory to the replacement cost value definition.  The court advised that the Florida Supreme Court had approved the court’s interpretation of actual cash value as including costs other than damaged physical property, including overhead and profit, noting that these costs can be included in actual cash value to which a portion, like all other costs, could be depreciated. The court noted the difference between actual cash value and replacement cost value is not between types of costs, i.e. materials vs. labor, but between the valuation of the costs with the distinction of being a depreciated vs. undepreciated value. The court refused to exclude intangible costs such as labor, profit and overhead from actual cash value, finding these costs inclusions were consistent with statutory and contractual language as well as Florida Supreme Court precedent. The court reversed the judgment and remanded the case back to the trial court.