June 2025

by Seth B. Altman, Esq.

Florida Appeals Court Rules Defendant’s Proposal for Settlement Was Neither Ambiguous nor Designed to Extinguish Separate, Future or Pending Claims

Infinity Auto Insurance Company v. Miami Open MRI, LLC, Fla. 3d DCA, No. 3D24-0945, June 4, 2025

by Jennifer L. Hutchins, Esq.

Appellate Court Reverses Fee Award, Clarifies ‘Judgment Obtained’ Under Florida’s Offer of Judgment Statute

SFR Services, LLC a/a/o John & Rose Zapisek v. Florida Department of Financial Services o/b/o Avatar Property and Casualty Insurance Company, Fla. 6th DCA, No. 6D2023-1050, L.T. Case No. 19-CA-001630, May 16, 2025

by Ashley J. Johns, Esq.

Appeals Court Reverses Verdict, Finds Trial Court Erred in Shifting Burden of Proof in Insurance Dispute

Vasta v. Universal Prop. & Cas. Ins. Co., Fla. 2d DCA, No. 2D2023-1915, April 9, 2025

Untitled Design

by Honey D. Kalkins, Esq.

Florida Appeals Court Orders New Trial After Improper Claims Handling Evidence Taints Verdict in Breach of Contract Case

Universal Property & Casualty Insurance Company v. West Naze, Fla. 4th DCA, No. 4D2024-0098, June 4, 2025

by Carolin A. Pacheco, Esq.

Florida Law Changes Roofing Contracts in Effort to Better Inform Consumers - CS/CS/HB 715

Untitled Design

by Michael A. Packer, Esq.

Federal Court Holds Replacement Cost Value Coverage Requires Completed Repairs and an Actual Cost Value Estimate

Monterrey’s Grill, Inc. v. Axis Surplus Insurance Company, 2025 WL 1379574 (N.D. Fla. May 13, 2025)

by Noah J. Prosser, Esq.

Florida Appeals Court Upholds Insurer’s Denial of Interior Water Damage Claim Under Policy’s Water Damage Exclusion Endorsement

Spartan Services Corp. v. People’s Trust Insurance Company, Fla. 3d DCA, No. 3D23-2301, May 7, 2025

by Danielle N. Robinson, Esq.

Court Grants Summary Judgment to Insurer, Finding No Breach Where Plaintiffs Failed to Submit Competing Actual Cash Value Estimate or Make Repairs

Amy Smith and Matthew Smith v. American Integrity Insurance Company of Florida, Circuit Court in and for 18th Judicial Circuit in and for Alachua County, Case No. 2023-CA-3587

by Corey K. Setterlund, Esq.

Fourth District Court of Appeal Reinstates Insurer’s Prompt Notice Defense, Reverses Trial Court’s Waiver Finding

Universal Prop. & Cas. Ins. Co. v. Yager, Fla. 4th DCA, No. 4D2023-2310, April 16, 2025



Should you have additional inquiries,

please contact:


Michael A. Packer, Esq.

Co-Chair, Insurance Services

Practice Group

(954) 847-4921

MAPacker@mdwcg.com

 

Marshall Dennehey



marshalldennehey.com

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Legal Update for Florida Coverage & Property Litigation – June 2025 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 © 2025 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.

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