September 2024

by Seth B. Altman, Esq.

Court denies defendant’s motion for summary judgment for failing to strictly comply with Fla. R. Civ. P. and case management order and sanctions defendant.

Janete Moran, et al. v. Citizens Property Insurance Corporation, Circuit Court, 11th Judicial Circuit in and for Miami-Dade County, Case No. 2021-024641-CA-01

READ MORE

by Randy A. Bock, Esq.

Reviewing court bound to affirm fee award.

The Wellness Center of London Square, Inc. v. DHL Express, Fla. 3d DCA, No. 21-10568 CC, August 7, 2024

READ MORE

by Jennifer L. Hutchins, Esq.

Fourth District Court of Appeals finds that insureds failed to provide insurance carrier with “prompt notice” as a matter of law.

Security First Insurance Company v. Visca, 387 So. 3d 313, 315 (Fla. Dist. Ct. App. 2024)

READ MORE

by Carolin A. Pacheco, Esq.

Thirtieth Circuit Court granted insurer’s motion for judgment on the pleadings for failure to comply with § 627.7152, Florida Statutes (2022) and dismissed the case with prejudice due to the incurable defect of the assignment agreement.

Synergy Property Restoration, Inc. a/a/o George and Jeanette Hilton v. People’s Trust Insurance Company, 32 Fla. L. Weekly Supp. 149a (Fla. 13th Cir. Ct. 2024)

READ MORE

by Michael A. Packer, Esq.

If you do not object to appraiser’s partiality timely, you waived the objection.

Biscayne Bay Beach Club Condominium Association, Inc. v. Westchester Surplus Lines Insurance Company, 11th Circuit Court of Appeals, 23-10467, August 6, 2024

READ MORE

by Noah J. Prosser, Esq.

Contents of contract impliedly incorporated by reference in complaint are appropriate for consideration by trial court in ruling upon motion to dismiss.

Sharon L. Orr, et al. v. AT&T Mobility, LLC, Fla 3d DCA, 3D23-0097, July 31, 2024, Sharon L. Orr, et al. v. AT&T Mobility, LLC, Fla 3d DCA, 3D23-0097 (consolidated appeal); Third District Court of Appeal

READ MORE

by Danielle N. Robinson, Esq.

District Court for the Middle District of Florida rules insurance company cannot be compelled to go to appraisal without the insured first satisfying all post-loss obligations.

Pleasant Hill Christian Church Ministries, Inc. v. Ohio Security Insurance Company, USDC, M.D. Florida, Fort Myers Division, Case No. 2:24-cv-417-JLB-KCD; July 2, 2024

READ MORE

by Corey K. Setterlund, Esq.

Trial court erred in entering final summary judgment as insurer was deprived of its entitlement to due process by not receiving proper notice and a reasonable amount of time to respond.

Universal Property & Casualty Insurance Company v. Hans Jurg Banziger, Fla. 4th DCA, 4D2022-2977, August 14, 2024

READ MORE

by Gabrielle L. Wright, Esq.

Gabrielle L. Wright

Florida’s Fourth DCA certifies conflict to the Florida Supreme Court on when a jury should consider replacement cost value v. actual cash value.

Universal Property & Casualty Insurance Co. v. Qureshi, et. al., Fla. 4th DCA, 4D2023-1338, July 24, 2024

READ MORE



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

CONTACT US

X  LinkedIn

Legal Update for Florida Coverage & Property Litigation – September 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.

View as Webpage