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Middle District of Florida Finds Statutory Pre-Suit Notice Requirement Applies “Quasi-Retroactively”

July 12, 2023 / Writing and Speaking

Tony Pagán examines a Middle District of Florida decision that Section 627.70152’s pre-suit notice requirement is procedural and applies “quasi-retroactively,” reasoning that the statute imposes a prospective requirement (pre-suit notice) on a pending transaction (policy of insurance) and rejecting the insured’s argument that post-suit appraisal payment constituted a “confession of judgment” entitling the Insured to attorneys’ fees.

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Northern District of Florida Rules That the December 2022 Amendment to Florida Statute Section 627.428, Eliminating an Insured’s Right to Recover Attorney’s Fees, Does Not Apply Retroactively

July 11, 2023 / Writing and Speaking

Douglas Cohen examines the Northern District of Florida decision that a December 2022 amendment to Florida Statute 627.428, which removed an insured’s right to recover attorney’s fees, does not apply retroactively.

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Kelly Vogt Named Co-Managing Partner of Clausen Miller’s Florida Offices

July 5, 2023 / News

As of July 1, 2023, Kelly will co-lead the Firm’s offices in Florida with Firm President and CEO Dennis Fitzpatrick.

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Clausen Miller Celebrates Florida Offices 5th Anniversary

July 3, 2023 / News

The Firm has been providing outstanding client service in the state since opening in Florida on July 1, 2018.

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Nicholas Travis Obtains Final Summary Judgment Dismissing All Claims with Prejudice in Property Coverage Dispute

June 29, 2023 / News

Nick successfully argued that the plaintiff’s failure to provide prompt notice of the loss prevented the client from making causation determinations.

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Fourth DCA Holds Insurer Entitled to Directed Verdict Against AOB Plaintiff Seeking Costs for Engineering Report

June 29, 2023 / Writing and Speaking

Zachary Sonenblum examines a Florida Fourth District Court of Appeals decision finding that a trial court erred when it denied an insurer’s motion for a directed verdict against an AOB plaintiff seeking costs for preparing an engineering report.

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Southern District of Florida Grants Insurer’s Motion to Dismiss for Failure to State a Claim in Insurance Coverage Dispute

June 28, 2023 / Writing and Speaking

Kelly Vogt breaks down the court’s decision to dismiss the case following the insurer’s argument that the claimed damage was not covered because it was a “sunken room.”

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Florida Supreme Court Holds Florida’s Offer of Judgment Statute,  Fla. Stat. § 768.79, Is Not a Prevailing Party Statute

June 21, 2023 / Writing and Speaking

On June 15, 2023, the Florida Supreme Court held that the offer-of-judgment statute, Fla. Stat. § 768.79, does not require the moving party to prevail in the proceeding in order to be entitled to attorney’s fees and is not a prevailing-party statute.

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Middle District of Florida Denies Insurer’s Motion to Dismiss Plaintiffs’ Claim for Declaratory Relief

June 15, 2023 / Writing and Speaking

In moving to dismiss the dec action, QBE primarily argued 1) that Plaintiffs failed to allege any actual controversy because Plaintiffs failed to cite any contractual provision requiring clarification as to whether the policy covers the Plaintiffs’ property damage and 2) that the dec count is duplicative of the breach of contract count.

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Third District Court of Appeal Holds Insured’s Failure to Appear for EUO Entitles Insurer to Summary Judgment

June 9, 2023 / Writing and Speaking

Kelly Vogt breaks down the Third District Court of Appeal’s decision to reverse the trial court’s entry of summary judgment in favor of the insured.

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  • Chicago

    Illinois 60603

    10 South LaSalle Street

    Chicago, Illinois 60603

    T: 312.855.1010 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick

  • New York

    New York 10005

    28 Liberty Street 39th Floor

    New York, New York 10005

    T: 212.805.3900 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Carl M. Perri

  • Mission Viejo

    California 92691

    27285 Las Ramblas

    Suite 200

    Mission Viejo, California 92691

    T: 949.260.3100 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Florham Park

    New Jersey 07932

    100 Campus Drive

    Florham Park, New Jersey 07932

    T: 973.410.4130 TF: 800.826.3505 F: 973.410.4169 Office Managing Partner: Carl M. Perri

  • Michigan City

    Indiana 46360

    200 Commerce Square

    Michigan City, Indiana 46360

    T: 219.262.6106 TF: 800.826.3505 F: 312.606.7777 Office Managing Partners: Paige M. Neel, Kimbley A. Kearney

  • Milwaukee

    Wisconsin 53202

    250 E. Wisconsin Avenue

    Suite 1800

    Milwaukee, Wisconsin 53202

    T: 414.279.5525 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: James M. Weck

  • Stamford

    Connecticut 06902

    68 Southfield Avenue

    2 Stamford Landing Suite 100

    Stamford, Connecticut 06902

    T: 203.921.0303 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Tampa

    Florida 33609

    4830 West Kennedy Boulevard, One Urban Center

    Suite 600

    Tampa, Florida 33609

    T: 813.509.2578 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick Co-Managing Partner: Kelly M. Vogt

  • San Francisco

    California 94111

    100 Pine Street

    Suite 1250

    San Francisco, California 94111

    T: 415.287.2744 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Houston

    Texas 77019

    2929 Allen Parkway

    American General Center, Suite 200

    Houston, Texas 77019

    T: 346.229.4612 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Ramy P. Elmasri

  • Dallas

    Texas 75201

    325 N. Saint Paul Street

    Suite 3100

    Dallas, Texas 75201

    T: 469.942.8635 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Ramy P. Elmasri

  • Boca Raton

    Florida 33434

    7777 Glades Road

    Suite 405

    Boca Raton, Florida 33434

    T: 561.765.5305 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick Co-Managing Partner: Kelly M. Vogt