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Florida Third District Court of Appeal Rules Trial Court Order Compelling Appraisal Violated Policy and Due Process

Kelly Vogt analyzes the Florida Third DCA’s reversal of a trial court’s order granting an insured’s ore tenus motion to compel appraisal, holding that the trial court violated the subject policy and deprived the insurer of its due process rights by granting the motion.

Clausen Miller to Sponsor and Attend 2024 PowerCon Energy and Power Conference

Dennis D. Fitzpatrick, Margaret Hupp Fahey, Kelly M. Vogt and Mara Goltsman will attend the conference in New York City on Wednesday, April 3.

Nicholas Travis to Discuss Property Case Law Developments at PLRB 2024 Claims Conference and Insurance Services Expo

In “Property Case Law Developments: Personal Lines,” Nicholas Travis will share property coverage insights and describe how recent case law impacts claim investigation techniques.

Florida Fourth DCA Reverses Trial Court’s Decision and Remands for New Trial After Finding that a Non-Disclosed Witness’s Testimony Was a Surprise

Kelly Vogt examines a Florida Fourth DCA decision to reverse a trial court’s entry of summary judgment in favor of the insureds after finding that the trial court allowing a non-disclosed witness’s testimony was a surprise, which prejudiced the insurer with no ability to cure.

Florida Fifth District Court of Appeal Affirms Summary Judgment in Favor of Store Defendant in Case Addressing Constructive Notice of Hazardous Conditions 

Kelly Vogt analyzes a Florida Fifth DCA decision that a plaintiff’s testimony regarding liquid on a store floor that caused her to fall did not support a permissible interference that the condition existed for a length of time sufficient to establish constructive notice.

Florida Middle District Grants Unopposed Motion to Compel Appraisal but Denies Insurer’s Request for Itemization

Kelly Vogt examines a Florida Middle District decision granting an insurer’s motion to compel appraisal and abate litigation in a Hurricane Ian damages suit but denying the insurer’s request for itemization of the appraisal due to the objection of the insured.

Florida District Courts of Appeal Continue to Conflict on Retroactive Application of Pre-Suit Notice Requirements of 627.70152(3), Florida Statutes

By Douglas M. Cohen

In Fernando Cantens and Ana Marie Cantens v. Certain Underwriters at Lloyd’s London, etc. the Third District Court of Appeal (composed of Miami Dade and Monroe Counties) held that Fla.

Ian Feldman to Discuss Artificial Intelligence in Insurance at West Coast Casualty’s 30th Construction Defect Seminar

The seminar will take place in Anaheim, California from May 15-17.

U.S. District Court for the Middle District of Florida Denies Insurer’s Motion to Dismiss Hurricane Ian Property Damages Complaint

Kelly Vogt examines a Florida Middle District denial of an insurer’s motion to dismiss a Hurricane Ian property damages complaint after the court determined that the complaint stated that all conditions precedent had been complied with, met or waived.

Clausen Miller Featured in 2023 DRI Center for Law and Public Policy Report

The inaugural report highlighted Melinda Kollross, Michael Raudebaugh and Don Sampen for their work with the Center’s Amicus Committee.