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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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Governor DeSantis Signs New Insurance Laws, Including Regulating an Insurer’s Ability to Alter Adjuster Reports and Estimates

June 6, 2023 / Writing and Speaking

Zachary Sonenblum and Thomas Moody break down what insurers should expect when the new laws take effect July 1.

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Fifth District Court of Appeals Reverses Summary Judgment Finding Insured Had No Standing to Sue

June 5, 2023 / Writing and Speaking

Kelly Vogt breaks down the court’s ruling that because the scope of the assignment was limited to work performed by the contractor – who performed no work – the insured retained standing to seek enforcement of her policy.

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Clausen Miller to Open Milwaukee, Wisconsin Office on June 1

May 25, 2023 / News

The new office, located in the heart of the city, will be led by Wisconsin Managing Partner Jim Weck.

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James Weck Named Wisconsin Office Managing Partner

May 18, 2023 / News

Jim’s extensive experience in all aspects of litigation, deep roots in the state and eight-year history with the Firm position him as an apt choice for the role.

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Middle District of Florida Rules Statute of Limitations Triggered for Ordinance or Law Upon Insured’s Notification of Liability for Same

May 3, 2023 / Writing and Speaking

The court rejected an insurer’s argument that a complaint should be dismissed because Florida’s five-year-statute of limitations for breach of contract prohibits the subject action.

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  • Chicago

    Illinois 60606

    225 West Randolph Street

    Suite 700

    Chicago, Illinois 60606

    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

  • 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

  • Irvine

    California 92618

    20 Pacifica

    Suite 440

    Irvine, California 92618

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

  • 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 Partner: Paige M. Neel

  • Milwaukee

    Wisconsin 53202

    1433 North Water Street

    Suite 500

    Milwaukee, Wisconsin 53202

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

  • Stamford

    Connecticut 06901

    243 Tresser Boulevard

    17th Floor

    Stamford, Connecticut 06901

    T: 203.989.3889 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Hartford

    Connecticut 06103

    750 Main Street

    Suite 100

    Hartford, Connecticut 06103

    T: 860.756.5520 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Tampa

    Florida 33602

    401 East Jackson Street

    Suite 3300

    Tampa, Florida 33602

    T: 813.519.1001 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Kelly M. Vogt

  • 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: 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 77060

    4 CityNorth

    16945 Northchase Drive, Suite 1400

    Houston, Texas 77060

    T: 346.826.8995 TF: 800.826.3505 F: 346.826.8997 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

  • San Antonio

    Texas 78258

    401 East Sonterra Boulevard

    Suite 375

    San Antonio, Texas 78258

    T: 210.338.6711 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Ramy P. Elmasri

  • Austin

    Texas 78759

    9442 N Capital of Texas Hwy

    Suite 500

    Austin, Texas 78759

    T: 346.826.8995 TF: 800.826.3505 F: 346.826.8997 Office Managing Partner: Ramy P. Elmasri

  • Fort Worth

    Texas 76102

    702 Houston Street

    Fort Worth, Texas 76102

    T: 682.231.9560 TF: 800.826.3505 F: 346.826.8997 Office Managing Partner: Ramy P. Elmasri