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Blog Posts, Court Decisions | Insurer has No Duty to Enter into a Cunningham Agreement or to Agree to a Consent Judgment in Excess of Policy Limits

Jan 23, 2020

Kropilak v. 21st Century Ins. Co., 806 F.3d 1062 (11th Cir. 2015). Significance The court held that Florida law does…

Blog Posts, Court Decisions | District of New Jersey Rejects Waiver of Subrogation in Residential Solar Contract

Jan 23, 2020 | By Michael Wolfer

New Jersey Manufacturers Insurance Group v. Vivint Solar, Inc., 2018 WL 1003745 (D.N.J. 2018) Recently, Judge Sheridan of the District…

Blog Posts, Court Decisions | The Assault and Battery Exclusion and the Duty to Defend a Lawsuit Stemming from a Mass Shooting

Jan 23, 2020 | By Kimberly Ramey, Jessica Stillwell

The Shooting at The Hall Nightclub and Resulting Lawsuits On July 1, 2016, shots were fired inside The Hall nightclub…

Blog Posts, Court Decisions | Court Finds AIA Subrogation Waiver Inapplicable; Appeal Pending

Jan 23, 2020 | By Geoffrey Waguespack

In Liberty Mutual Fire Insurance Co. v. Fowlkes Plumbing LLC, 17-cv-010-GHD-DAS, 2018 WL 842169 (N.D. Miss. Feb. 12, 2018), the District…

Blog Posts, Court Decisions | Breaking: Proposed Amendment to Florida Statutes Creates Right of Contribution for Defense Costs

Jan 23, 2020 | By Kimberly Ramey

The Florida Legislature recently created a new cause of action for contribution among co-primary liability insurers. Under this new law,…

Blog Posts, Court Decisions | Encouraging Proposals for Settlement in Florida: Old Dominion Ins. Co. v. Tipton

Apr 26, 2019

The topic of proposals for settlement in Florida is a dynamic one. Florida courts continue to shape and refine the…

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Blog Posts, Court Decisions | Lots of Cold Feelings in Pipe Freeze Claims

Feb 12, 2019 | By Michael Wolfer

A recent Pennsylvania decision highlights the difficulties and critical issues associated with identifying potentially liable parties in pipe freeze cases….

Blog Posts, Court Decisions | Lee Memorial Health System V. Progressive Select Insurance Company

Oct 25, 2017 | By Joshua Golembe

Facts The case arises from an automobile accident when Ruben Gallegos was struck by a car and injured. Mr. Gallegos…

Blog Posts, Court Decisions | District Judge in New Jersey Rules Waiver of Subrogation Provision in Residential Lease Is Unenforceable

Mar 22, 2017 | By Michael Wolfer

Allstate New Jersey Insurance Company v. AvalonBay Communities, Inc., Case No. 16—5441, 2017 WL 1095473 (D.N.J. March 22, 2017). Background…

Blog Posts, Court Decisions | Eleventh Circuit Challenges Diversity Jurisdiction and Vacates Summary Judgment

Mar 02, 2017

Thermoset Corporation v. Building Materials Corp. of America, No. 15—13942, 2017 WL 816224 (11th Cir. March 2, 2017) Significance This case…

Blog Posts, Court Decisions | Florida Third Dca Finds No Irreparable Harm Justifying Certiorari in Action Abated to Allow Insurer to Proceed on its Election to Repair

Feb 22, 2017

Hernandez v. Florida Peninsula Insurance Company, No 3D16—415, 2017 WL 697727 (Fla. 3d DCA Feb. 22, 2017) Summary The insureds…

Blog Posts, Court Decisions | Florida Court Reverses Order Compelling Appraisal on 11-year-old Hurricane Wilma Claim for Failure to Comply with all Post-loss Conditions

Feb 15, 2017

State Farm Florida Insurance Company v. Fernandez, No. 3D16—1441, 2017 WL 621247 (Feb. 15, 2017) Significance The Third DCA held…

Blog Posts, Court Decisions | Florida Supreme Court Strengthens use of Proposals for Settlement by Plaintiffs Seeking Attorney Fees Against Defendants with Joint and Several Liability

Nov 03, 2016 | By Brian Webb

Anderson v. Hilton Hotels Corp., Case No. SC15—124, 2016 WL 6538663 (Fla. Nov. 3, 2016). Significance The Florida Supreme Court…

Blog Posts, Court Decisions | Florida Supreme Court Relaxes Strict Construction for Proposals for Settlement

Oct 20, 2016

Kuhajda v. Borden Dairy Co. of Ala., LLC, No. SC15—1682 (Fla. Oct. 20, 2016) In an opinion by Justice Canady,…

Blog Posts, Court Decisions | Homeowners’ Pre-loss Subrogation Waiver Upheld

Jul 01, 2016

Allstate Insurance Company v. ADT, LLC, formerly known as Brinks Home Security, Inc. and/or Broadview Home Security, Inc., No. 1:15—cv—517, 2016 WL…

Blog Posts, Court Decisions | Tennessee’s Economic Loss Rule Still Applies Only to Purely Economic Losses

May 06, 2016 | By Zachary Jett

SPO GO Holdings, Inc., v. W&O Construction Company, Inc., and the City of Spring Hill, Tennessee, 2016 WL 2607005 Please…

Blog Posts, Court Decisions | Payment of an appraisal award is not necessarily a confession of judgment as a matter of law

Mar 23, 2016

State Farm Florida Ins. Co. v. Lime Bay Condo., Inc., No. 4D13—4802, 2016 WL 1128489 (Fla. 4th DCA Mar. 23,…

Blog Posts, Court Decisions | The Owner of an Insured Commercial Vehicle may Recover Loss-of-use Damages When that Vehicle is Rendered a Total Loss

Feb 02, 2016

J & D Towing, LLC v. Am. Alternative Ins. Corp., 59 Tex. Sup. Ct. J. 214 (Tex. 2016) Significance The…

Blog Posts, Court Decisions | District of South Carolina Addresses Vagueness of General Verdict and Bad Faith Allegation for Failure to Warn Insured

Dec 17, 2015

District of South Carolina Addresses Vagueness of General Verdict and Bad Faith Allegation for Failure to Warn Insured When facing…

Blog Posts, Court Decisions | Policyholder Bears the Burden of Proving Efficient Proximate Cause and Ensuing Loss Under an All-risks Policy

Sep 25, 2015

Peek v. Am. Integrity Ins. Co. of Fla., No. 2D14—780, 2015 WL 5616294 (Fla. 2d DCA Sept. 25, 2015). SIGNIFICANCE…

Blog Posts, Court Decisions | Middle District says j(5) exclusion doesn’t apply if the operation the insured was performing at the time of the accident was monitoring to prevent damage

Aug 10, 2015

Essex Ins. Co. v. Kart Const., Inc., No. 8:14—CV—356—T—23, 2015 WL 4730540 (M.D. Fla. Aug. 10, 2015) In Kart, the insured sought…

Blog Posts, Court Decisions | No short-cuts: Southern District rejects rigid rule concerning “last act necessary to execute the contract” under lex loci contractus

Aug 05, 2015

Sun Capital Partners, Inc. v. Twin City Fire Ins. Co., Inc., No. 12—CV—81397—KAM, 2015 WL 4648617 (S.D. Fla. Aug. 5,…

Blog Posts, Court Decisions | Insurer Must Show It Has Been Prejudiced By Insured’s Breach of Protective Safeguard Condition

Jul 24, 2015

Depositors Ins. Co. v. CC & C of Lake Mary, LLC, No. 5D14—2206, 2015 WL 4486563 (Fla. 5th DCA July…

Blog Posts, Court Decisions | The South Carolina Supreme Court Holds that Assignments of Legal Malpractice Claims between Adversaries in Litigation are Void as Against Public Policy

Jul 15, 2015

Skipper v. ACE Property and Cas. Ins. Co., No. 2014—001979, 2015 WL 4269817 (S.C. July 15, 2015) Background A husband and…

Blog Posts, Court Decisions | Insured Homeowner must Comply with all Post-Loss Obligations before Invoking the Appraisal Provision

Jun 17, 2015

State Farm Florida Ins. Co. v. Hernandez, No. 3D13—2263, 2015 WL 3757773 (Fla. 3d DCA June 17, 2015) Significance The…

Blog Posts, Court Decisions | 558 notice does not trigger duty to defend where policy obligates insurer to defend “suits”

Jun 04, 2015

Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., No. 13—80831-CIV, 2015 WL 3539755 (S.D. Fla. June 4, 2015)…

Blog Posts, Court Decisions | Structural Damage’ Means ‘Damage That Impairs the Structural Integrity of the Building’

Feb 27, 2015

Hegel v. The First Liberty Insurance Corporation, No. 14—10549, 2015 WL 821146 (11th Cir. Feb. 27, 2015) Significance The Eleventh…

Blog Posts, Court Decisions | Water Exclusion Bars Coverage for Damage to Pool Deck Resulting from Subsurface Water Pressure

Feb 13, 2015

Liberty Mutual Fire Insurance Company v. Martinez, No. 5D13—2683, 2015 WL 585550 (Fla. 5th DCA February 13, 2015) Significance Damage…

Blog Posts, Court Decisions | Summary Judgment Appropriate in Late Notice Case

Feb 11, 2015

Marbella Condominium Association Inc. v. Citizens Property Insurance Corporation, No. 3D14—1336, 2015 WL 557202 (Fla. 3d DCA Feb. 11, 2015)…

Blog Posts, Court Decisions | Excess Verdict From UM Trial Is Binding In Subsequent Bad-Faith Trial

Sep 17, 2014

Geico General Insurance Co. v. Paton, No. 4D12—4606, 2014 WL 4626860 (Fla. 4th DCA Sept. 17, 2014) Significance Florida’s Fourth…

Blog Posts, Court Decisions | Eleventh Circuit Affirms Summary Judgment For UM Insurer, Upholding Realignment of Parties, Diversity, and Standing

Aug 27, 2014

Drew v. Safeco Insurance Company of Illinois, Case No. 13—14514, 2014 WL 4215441 (11th Cir. Aug. 27, 2014) Significance On…

Blog Posts, Court Decisions | Ninth Circuit Holds One-Year Removal Deadline in Diversity Cases Can Be Waived

Aug 04, 2014

Smith v. Mylan Inc., No. 12—-56028, 2014 WL 3805443 (9th Cir. Aug. 4, 2014) Significance In Smith v. Mylan Inc., the…

Blog Posts, Court Decisions | Appellate Court Affirms Strict E-Service Requirement To Perfect Right To F.S. § 57.105 Fee Award

Jun 11, 2014

Background Stacey Caplan filed a lawsuit against Michael Matte alleging interference with her business relations. Believing that the complaint filed…

Blog Posts, Court Decisions | Insurer Did Not Waive Proof Of Loss As A Condition Precedent Under Homeowners Policy

May 23, 2014

Rodrigo v. State Farm Fla. Ins. Co., 39 Fla. L. Weekly D838, 2014 WL 1612494 (Fla. 4th DCA Apr. 23,…

Blog Posts, Court Decisions | Third Circuit Holds Reserve Estimates Are Irrelevant in Bad-Faith Case

Apr 29, 2014

Mirarchi v Seneca Specialty Ins. Co., No. 13-2129, 2014 WL 1673748 (3d Cir. April 29, 2014). Significance The Third Circuit…

Blog Posts, Court Decisions | Appellate Court Affirms Exclusion of ‘Pure Opinion’ Expert Testimony Under Florida’s Daubert Standard

Apr 23, 2014

Perez v. Bell South Telecommunications, Inc., 2014 WL 1613654 (Fla. 3d DCA April 23, 2014)  Background A child who was…

Blog Posts, Court Decisions | Florida Supreme Court Eliminates Statutory Cap For Noneconomic Damages In Wrongful Death Medical Malpractice Cases

Mar 13, 2014

Estate of McCall v. United States, No. SC11—1148, 2014 WL 959180 (Fla. March 13, 2014) Background The family of a…

Blog Posts, Court Decisions | Florida’s Insurable Interest Statute Precludes Recovery Beyond Insured’s Revenue Stream From Nonowned Property

Jan 24, 2014

Banta Properties, Inc. v. Arch Specialty Insurance Co., No. 12—14186, 2014 WL 274478 (11th Cir. January 24, 2014). Significance The…

Blog Posts, Court Decisions | U.S. Supreme Court Significantly Limits Personal Jurisdiction Over Foreign Corporations

Jan 14, 2014

Daimler AG v. Bauman, 571 U.S. —, 134 S.Ct. 746 (2014). Significance In Daimler, the U.S. Supreme Court significantly limited…

Blog Posts, Court Decisions | Summary Judgment for Insurer Affirmed in Bad-Faith Case

Oct 15, 2013

Novoa v. Geico Indem. Co., No. 13—10704, 2013 WL 5614269 (11th Cir. Oct. 15, 2013). Significance The Eleventh Circuit affirmed…

Blog Posts, Court Decisions | The ‘Structural Damage’ Requirement for ‘Sinkhole Loss’ in Florida: Conflict Within The Federal District Court for the Middle District of Florida

Sep 03, 2013

Gonzalez v. Liberty Mut. Fire Ins. Co., No. 8:12—cv—2549—T-—23EAJ, 2013 WL 5183810 (M.D. Fla. Sept. 3, 2013) Significance The threshold…

Blog Posts, Court Decisions | Florida Arbitration Code is not Applicable to Appraisal Awards

Jul 10, 2013

Citizens Prop. Ins. Corp. v. Mango Hill #6 Condo. Ass’n, Inc., 117 So. 3d 1226 (Fla. 3d DCA 2013) Significance…

Blog Posts, Court Decisions | PIP Insurers May Not Calculate Benefits Based on Medicare Fee Schedules Unless Policies Limit Reimbursement to Scheduled Amounts

Jul 03, 2013

Geico Gen. Ins. Co. v. Virtual Imaging Services, Inc., No. SC12—05, 2013 WL 3332385 (Fla. July 3, 2013) Significance The…

Blog Posts, Court Decisions | Florida Supreme Court Splits on Resolution of Ambiguity in Insurance Contracts

Jul 03, 2013

Washington National Ins. Corp. v. Ruderman, 117 So. 3d 943 (Fla. 2013) Holding In a 3-1-3 split, Justices Labarga, Pariente,…

Blog Posts, Court Decisions | Florida Limits Economic Loss Rule to Products Liability

Jun 27, 2013

Tiara Condominium Assoc., Inc. v. Marsh & McLennan Companies, Inc., 110 So. 3d 399 (Fla. 2013) Background A condominium association…

Blog Posts, Court Decisions | Removal Not Barred By Thirty-Day Time Limits

Jun 27, 2013

Roth v. CHA Hollywood Medical Center, L.P., No. 13—55771, 2013 WL 3214941 (9th Cir. June 27, 2013) Significance The United…

Blog Posts, Court Decisions | Insurer cannot Condition PIP Benefits on Insured’s Attendance at EUO

Jun 21, 2013

Nunez v. Geico Gen. Ins. Co., No. SC12—650, 2013 WL 3214407 (Fla. June 27, 2013) Significance Under Florida’s No-Fault Law,…

Blog Posts, Court Decisions | North Carolina Supreme Court Rules Disclosure of Information to Prosecutor is Not Malicious Prosecution

Jun 13, 2013

North Carolina Farm Bureau Mutual Ins. Co. v. Cully’s Motorcross Park, Inc., 2013 WL 2635575 (N.C. June 13, 2013) Background…

Blog Posts, Court Decisions | CGL Insurer Required to Hire Separate Counsel for Co-Defendants in Negligence Suit

May 03, 2013

University of Miami v. Great American Assurance Co., No. 3D09—2010, 2013 WL 616156 (Fla. 3d DCA Feb. 20, 2013), reh’g…

Blog Posts, Court Decisions | Any Misrepresentation in Policy Application May Void Policy

Apr 30, 2013

Universal Prop. & Cas. Ins. Co. v. Johnson, No. 1D12—0891, 2013 WL 1809639 (Fla. 1st DCA April 30, 2013) Significance…

Blog Posts, Court Decisions | Florida Appellate Court Rules the Department of Financial Services Exceeded its Rulemaking Authority

Feb 20, 2013

Subirats v. Fidelity Nat’l Prop., No. 3D12—68, 2013 WL 616602 (Fla. 3d DCA Feb. 20, 2013) Significance A rule promulgated…

Blog Posts, Court Decisions | Federal Court in Minnesota Finds Coverage Under CGL Policy in Product-Recall Case

Jan 08, 2013

The Netherlands Ins. Co. v. Main Street Ingredients, LLC, No. 11—533, 2013 WL 101876 (D. Minn. Jan. 8, 2013) Significance…

Blog Posts, Court Decisions | Ex Parte Meetings Prohibited under Florida’s Patient Confidentiality Statute

Dec 20, 2012

Hasan v. Garvar, 2012 WL 6619334 (Fla. Dec. 20, 2012) Significance Florida’s patient confidentiality statute prohibits nonparty treating physician from…

Blog Posts, Court Decisions | Summary Judgment for Insurer Reversed in Bad-Faith Case

Dec 05, 2012

Goheagan v. Am. Vehicle Ins. Co., No. 4D10—3781 (Fla. 4th DCA Dec. 5, 2012) Significance On rehearing, the Fourth District…

Blog Posts, Court Decisions | Neutral-Evaluation Statute Upheld as Constitutional

Jun 29, 2012

State Farm Fla. Ins. Co. v. Buitrago, 2012 WL 2471601 (Fla. 2d DCA June 29, 2012). Background This case arises…

Blog Posts, Court Decisions | Expert Testimony Held Admissible Under Daubert

Jun 27, 2012

Ledbetter v. Blair Corp., 2012 WL 2464000 (M.D. Ala. June 27, 2012). Significance Under federal law, where an expert relies…

Blog Posts, Court Decisions | Court holds there are no Common Law, First Party Bad Faith Claims

May 31, 2012

QBE Ins. Corp. v. Chalfonte Condo. Apartment Assoc., Inc., No. SC09—441, 2012 WL 1947863 (Fla. May 31, 2012). Significance First-party…

Blog Posts, Court Decisions | Georgia Supreme Court: Policy Covers Diminution in Value of Real Property

May 29, 2012

Royal Capital Dev. LLC v. Maryland Cas. Co., 2012 WL 1909842 (Ga. May 29, 2012). Significance Under Georgia law, where…

Blog Posts, Court Decisions | Court Holds ‘Pollution Or Contamination’ Exclusion Precludes Coverage For First-Party Chinese Drywall Claim

Feb 27, 2012

Hutchings v. American Home Assurance Co., Case No. 11—cv—60072 (S.D. Fla. Feb. 27, 2012). Facts American Home Assurance Company (“Defendant…

Blog Posts, Court Decisions | Florida Supreme Court Rules That Offer Of Judgment Statute Does Not Apply Where Parties Have Contractually Agreed To Be Bound By Law Of Another Jurisdiction

Feb 02, 2012

Southeast Floating Docks, Inc. v. Auto-Owners Ins. Co., 2012 WL 301029 (Fla. February 2, 2012). Background This case arises from…

Blog Posts, Court Decisions | Florida Supreme Court Rules Statutory Attorney’s Fees Not Recoverable Against FIGA Unless Expressly Provided in Insurance Contract

Jan 19, 2012

Petty v. Florida Ins. Guar. Ass’n, 2012 WL 143605 (Fla. Jan. 19, 2012). Background The insured’s home was damaged during…

Blog Posts, Court Decisions | Appraisal Awards May Not Be “Confirmed” Under Florida’s Arbitration Code

Dec 07, 2011

State Farm Florida Ins. Co. v. Gonzalez, 2011 WL 6057875 (Fla. 3d DCA Dec. 7, 2011) Background This case arises…

Blog Posts, Court Decisions | Fifth DCA Requires Showing Of Prejudice By Insurer Asserting Affirmative Defense Of Insured’s Failure To Attend CME

Dec 02, 2011

State Farm Mut. Auto. Ins. Co. v. Curran, 2011 WL 6003288 (Fla. 5th DCA Dec. 2, 2011). Significance The appellate…

Blog Posts, Court Decisions | Simultaneous Defense of Breach Of Contract And Statutory Bad-Faith Claims Not Required

Nov 16, 2011

Landmark Am. Ins. Co. v. Studio Imports, Ltd., 36 Fla. L. Weekly D2482 (Fla. 4th DCA Nov. 16, 2011). Background…

Blog Posts, Court Decisions | Florida’s Statutory Limitations Period Is Inapplicable To Arbitration Unless Expressly Provided In Written Agreement To Arbitrate

Nov 11, 2011

Raymond James Financial Services, Inc. v. Phillips, 2011 WL 5555691 (Fla. 2d DCA Nov. 16, 2011). Significance Florida’s Second District…

Blog Posts, Court Decisions | Fifth DCA Holds Liability Policy Excludes Molestation Claim

Oct 21, 2011

Foremost Ins. Co. v. D.R., _ So. 3d _, 36 Fla. L. Weekly D2336 (Fla. 5th DCA Oct. 21, 2011)….

Blog Posts, Court Decisions | Attorney Fees Awarded To Insured Under Section 627.428 As Insurer’s Improper Use Of EUO Necessitated Litigation By Insured To Recover Benefits

Oct 12, 2011

De Leon v. Great American Assurance Co., 2011 WL 4824135 (Fla. 3d DCA October 12, 2011). Significance Florida’s Third District…

Blog Posts, Court Decisions | Insured’s Failure to Comply with Conditions Precedent Relieve Homeowners’ Insurer of its Duty to Pay

Jul 15, 2011

Edwards v. State Farm Florida Insurance Company, 64 So. 3d 730 (Fla. 3d DCA 2011). Facts A policyholder, whose home…

Blog Posts, Court Decisions | Court Rules Insurer is Entitled to New Trial Based on Exclusion of Expert Testimony on Medical Billing and Coding

Jul 08, 2011

State Farm Mutual Automobile Insurance Company v. Bowling, — So. 3d —, 36 Fla. L. Weekly D1487 (Fla. 2d DCA July…

Blog Posts, Court Decisions | Florida Court Gives Narrow Interpretation To PIP Statute, Disallowing Calculation Of OPPS For Reimbursement Of MRI Services

Jul 06, 2011

Nationwide Mut. Fire Ins. Co. v. AFO Imaging, Inc., 71 So. 3d 134 (Fla. 2d DCA July 6, 2011).  Significance Florida’s…

Blog Posts, Court Decisions | Second DCA Holds Appraisal Cannot be Compelled Before Court Makes Preliminary Determination that Insured’s Demand for Appraisal is Ripe

Jul 01, 2011

Citizens Property Insurance Corporation v. Admiralty House, Inc., 66 So. 3d 342 (Fla. 2d DCA 2011). Facts The policyholder demanded…

Blog Posts, Court Decisions | Court Holds Insurer is Entitled to Interview Jurors Who Failed to Disclose Claim History

May 27, 2011

State Farm Mutual Automobile Insurance Company v. Lawrence, 65 So. 3d 52 (Fla. 2d DCA 2011). Facts In a trial for…

Blog Posts, Court Decisions | PIP Insurers May Not Apply Statutory Fee Schedule Limitation Unless Their Policies Expressly Limit Reimbursement To The Scheduled Amounts

May 18, 2011

Geico Gen. Ins. Co. v. Virtual Imaging Services, Inc., No. SC12—f-905, 2013 WL 3332385 (Fla. July 3, 2013) Significance The…

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