Showing all results for category “News”

Seventh Circuit Issues Standing Decision Favorable to the Defense and Insurance Industry: Baysal v. Midvale Indem. Co., No. 22-1892 (7th Cir. 8-22-23)

By Melinda S. Kollross

In a data breach decision favorable to the defense and insurance industry, the Seventh Circuit in a split decision authored by Judge Easterbrook holds that plaintiffs lacked standing to sue for the improper disclosure of their driver’s license numbers because the plaintiffs had not shown they suffered any concrete injury from the disclosures.

1st District Holds Broker Had No Obligation to Additional Insured

Don Sampen examines a 1st District Appellate court’s decision that an insurance broker does not have liability to an additional insured after helping the named insured avoid payment to that party.

Third DCA Rules Limited Water Damage Endorsement Applies to Appraisal Award, and Insurer Not Liable for Full Amount of Award

Tom Moody analyzes Florida’s Third DCA decision in People’s Tr. Ins. Co. v. Sheila Banks that a $10,000 limited water damage endorsement applied to claim resulting from deteriorated cast iron plumbing, and insurer was not obligated to pay full appraisal award.

Michael Scott Selected as Fellow for Florida Bar Leadership Academy

The year-long fellowship will consist of various meetings, networking opportunities and educational programs beginning at the Annual Florida Bar Convention on August 18.

Eight Clausen Miller Attorneys Honored by The Best Lawyers in America in 2024 

The 2024 edition of The Best Lawyers in America honored the attorneys for their exemplary work in insurance law, litigation and appellate practice.

Third District Court of Appeal Rules No Prejudgment Interest Due After Timely Payment of Appraisal Award

Douglas Cohen breaks down a recent decision by Florida’s Third District Court of Appeal finding that to be entitled to prejudgment interest after a timely paid appraisal award an insured must show the claim was initially denied.

Second DCA Finds Insurer’s Payment Following Receipt of Civil Remedy Notice While Disputed Claim is in Suit is a Confession of Judgment

Darrell Limia analyzes a Second District Court of Appeal decision holding that an insurer’s payment after receiving a Civil Remedy Notice is considered a confession of judgment—even though the insurer never denied coverage.

Clausen Miller Secures Denial of Motion to Compel Appraisal in US District Court for the Southern District of Florida

Kelly Vogt successfully argued that the plaintiffs waived their right to appraisal after they attempted to compel her client to participate in an appraisal process to determine the amount allegedly owed for losses.

‘Disambiguator’ Language Helps Negate Stacking of Policy Limits

By Don R. Sampen, published, Chicago Daily Law Bulletin, August 8, 2023

The 4th District Appellate Court, reversing the trial court, recently held that an auto policy covering seven vehicles unambiguously limited coverage to $1 million per vehicle,

Fourth District Court of Appeal Holds that an Assignment of Benefits Is Not Bound by Declaratory Action

By KeiErica A. Baker

Florida’s Fourth District Court of Appeal recently held that the assignee must be joined to pending declaratory judgment proceedings to be bound by them. In Clearcare LLC v.