September 2025

by Seth B. Altman, Esq.

Appellate Court Rules Homeowner Adequately Alleged Breach of Contract After Insurance Carrier Denied Windstorm Claim

Ronald Zabriskie v. First Protective Insurance Company d/b/a Frontline Insurance Company, Fla. 5th DCA, No. 5D2024-1072, LT Case No. 2022-CA-685, June 13, 2025

by Jennifer L. Hutchins, Esq.

Florida Court Upholds Denial of Late Hurricane Claim, Reinforcing Prompt Notice Requirement

Morales v. Citizens Property Insurance Corporation, Fla. 3d DCA, No. 3D24-0096, LT Case No. 20-25161, August 6, 2025

by Ashley J. Johns, Esq.

Second District Court of Appeal Reverses Dismissal, Upholds Validity of Assignment of Benefits Despite Disputed Payment Terms

Well Done Mitigation, LLC a/a/o Lazaro Ramirez Escalona v. Citizens Prop. Ins. Co., Fla. 2nd DCA, No. 2D2024-1259, June 27, 2025

by Carolin A. Pacheco, Esq.

Assignment of Benefits Deemed Invalid Where ‘Estimate’ Contained Bundled Costs Instead of Itemized Per-Unit Breakdown

The Mold Man v. Citizens Property Insurance Corporation, 33 Fla. L. Weekly Supp. 136, 2025 Fla. Cty., (April 24, 2025)

Untitled Design

by Michael A. Packer, Esq.

Fifth District Sides with the Sixth District and Finds SB-2A Does Not Apply Retroactively

Blumberg v. Security First Insurance Company, Fla. 5th DCA, No. 5D2024-1214, LT Case No. 2023-37546-COCI, August 28, 2025

by Danielle N. Robinson, Esq.

Second District Court of Appeal Finds Carriers Cannot Limit Damages to Actual Cost Value at the Trial Involving a Denied Claim

Richard Brito and Pamela Garcia f/k/a Juana Tejada v. Citizens v. Citizens Property Insurance Corporation, Fla. 2nd DCA, No. 2D2024-0664, June 18, 2025

by Corey K. Setterlund, Esq.

Appeals Court Upholds Dismissal of Homeowner’s Lawsuit Under Invited Error Doctrine

Dorian Roberts v. Florida Insurance Guaranty Association, Fla. 5th DCA, No. 5D2022-2318, July 3, 2025

by Gabrielle L. Wright, Esq.

Florida’s Fourth District Court of Appeal Affirms Summary Judgment in Late-Notice Claim

You Restoration LLC a/a/o Corina De Leon & Cesar De Leon v. First Protective Insurance Company, d/b/a Frontline Insurance, Fla. 4th DCA, No. 4D2024-1553, July 23, 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 – September 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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