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Florida’s statutory scheme for medical care through PIP allows 80% reimbursement of charges but limited by the statutory maximum benefit amount if the insurer had that provision in its policy.
First Acceptance Insurance Company, Inc., Appellant v. Belleview Imaging Center, LLC a/a/o Yvonne Nales, Appellee, Fla. 5th DCA, July 19, 2024, Case No. 5D2022-1505 (L.T. Case No. 2020-12861-CODL)
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Commercial auto policy’s fire and theft endorsement, per vehicle and per location, interpreted in favor insurance carrier.
Ascendant Commercial Insurance, Inc., Appellant v. Bolufe Enterprise Inc., Appellee, Fla. 3d DCA, June 5, 2024, Case No. 3D23-0792 (L.T. Case No. 22-4224)
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Trial court abused its discretion by awarding counsel an hourly rate $50 above requested rate without any justification for its decision and trial court erred by applying 2.0 contingency multiplier as it was not supported by record evidence.
Safepoint Insurance Company, Appellant v. Eligio Castellanos and Isabel Siles, Appellees, Fla. 3d DCA, June 26, 2024, Case No. 3D22-1455 (L.T. Case No. 16-14752)
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Because a party cannot create causes of action not set forth in Florida Rules of Court, motion to compel appraisal denied because no Florida court has jurisdiction over petition to select an appraiser and policy cannot confer that jurisdiction.
Dr. Car Glass, LLC a/a/o Juan Gando v. State Farm Mutual Automobile Insurance Company,
32 Fla. L. Weekly Supp. 106a (Fla. 11th Cir. Ct. 2024)
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Affidavits in support of motions for summary judgment must be based on personal knowledge and provide underlying facts.
Direct General Insurance Company v. Grooms, Circuit Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division, June 11, 2024, Case No. 22-CA-007911
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Summary judgment reversed as causation remained in dispute in subrogation action.
Jordan Reyes v. GEICO General Insurance Company, etc., Fla. 3d DCA, June 12, 2024, Case No. 3D23-1969 (L.T. Case No. 22-23790CC)
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Fourth District Court of Appeal recedes from prior case law and finds a motion or request for trial de novo must be made within 20 days of an adverse arbitration decision, or trial is waived.
Lawnwood Medical Center, Inc. d/b/a Lawnwood Regional Medical Center and Heart Institute and Patrick Regan, D.O. v. Gwendolyn Rouse, as Personal Representative of the Estate of Marleana Rouse, et al., Fla. 4th DCA, July 3, 2024, Case No. 4D2022-2637
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Third District rules that an appraisal award constitutes a favorable resolution in a first-party action for benefits.
Snappers Key Largo, LLC v. Certain Underwriters at Lloyd’s, London, Subscribing to Policy No. BW33816281, Fla. 3d DCA, July 10, 2024, Case No. 3D23-1138
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Florida’s Fourth District Court of Appeal holds that a response to a Civil Remedy Notice must raise specific deficiencies or those arguments are waived.
Bailey v. People’s Trust Insurance Company, Fla. 4th DCA, June 20, 2024, Case No. 4D2023-1136
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Legal Update for Florida Coverage & Property Litigation – August 2024 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. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2024 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com. | | | | |