On appeal, the court found an issue of fact remained as to whether the insured “refused to comply” with the examination under oath in the presence of only the insurer’s videographer and court reporter.

Hally Finnell, Appellant, v. Florida Insurance Guaranty Association, Inc., Appellee, Fla. 4th DCA, 4D2022-0378, Apr. 10, 2024, Appeal from Palm Beach Co.

As the jury was not asked to determine the deductible’s applicability, the trial court erred by not applying the hurricane deductible post-verdict to offset the jury’s determination of damages.

Citizens Property Insurance Corporation v. Marie Avril and Clifford Romain, Fla. 4th DCA, 4D2022-0360, Mar. 27, 2024, Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County

Florida Statute § 627.70152 applies to all insurance policies, regardless of the date of the policy’s inception.

Sanchez v. Security First Insurance Co., No. 3D22-1109 (Fla. 3d DCA, Mar. 6, 2024)

As the insurance carrier timely complied with its policy’s appraisal clause and issued payments and coverage in accordance with terms and conditions of its policy, insureds’ lawsuit was not a necessary catalyst to force its compliance with the policy.

Alice Ward Valdivieso, et al., Appellants v. Citizens Property Insurance Corporation, Appellee, Fla. 3rd DCA, 3D22-2137, L.T. 18-23350, Mar. 6, 2024

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.

Webjet Linhas Aereas S.A. etc., et al. v. ZGA Aircraft Leasing, Inc., 49 Fla. Weekly D620a (Fla. 3rd DCA 2024)

Without a judicial determination that the insurer acted in bad faith, it was reversible error for the trial court to enter a final judgment in excess of the policy limits.

State Farm Mutual Automobile Insurance Company v. Finson (Fla. 2nd DCA, Apr. 17, 2024)

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.

Florida Farm Bureau General Insurance Company v. Linda Williams, 5D23-0183 (Fla. 5th DCA, Apr. 9, 2024)

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 v. Richard and Nancy Jones, 5D23-0376 (Fla. 5th DCA)

Fifth District Court of Appeals overturned trial court’s dismissal of insured’s complaint as the policy’s loss payment provision included a provision for statutory interest.

Aymee Taylor v. State Farm Florida Insurance Company, 5D23-0243 (Fla. 5th DCA, Apr. 12, 2024)

Florida’s Third District Court of Appeals quashes trial court’s order compelling production of certain claim file documents.

Vault Reciprocal Exchange v. Luria, et al., 2024 WL 948632 (Fla. 3rd DCA 2024)