Showing all results for category “Writing and Speaking”

Florida Middle District Court Denies Insured’s Motion to Compel Appraisal in Hurricane Ian Breach-of-Insurance-Contract Case

January 31, 2024 / News / Writing and Speaking

Kelly Vogt analyzes a breach-of-insurance-contract case in which the U.S. District Court for the Middle District of Florida, Fort Myers Division, denied an insured’s motion to compel appraisal due to the disputed scope of damaged items attributable to Hurricane Ian.

Second DCA Determined Trial Court Wrongfully Determined Insurer Presented No Evidence Supporting a Verdict In Insurer’s Favor That It Paid The Prevailing Competitive Price To Replace a Windshield

January 30, 2024 / News / Writing and Speaking

Darrell Limia breaks down a Florida Second District Court of Appeal decision that a trial court erred in vacating a jury’s verdict after wrongfully determining that the insurer presented no evidence that it paid the prevailing competitive price to replace a windshield.

Court OKs Setoff for Payment Municipality Made to Officer

January 23, 2024 / News / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, January 23, 2024

Over dissent, the 1st District Appellate Court recently held that an automobile policy’s uninsured motorist provision requiring a reduction in benefits for compensation paid to the insured “under” certain laws applied to compensation paid to a police officer pursuant to the City of Chicago’s collective bargaining agreement with the police union.

Court Finds Coverage for BIPA Liability Effectively Excluded

January 10, 2024 / News / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, January 9, 2024

The 1st District Appellate Court, disagreeing with the 7th U.S. Circuit Court of Appeals, recently held that a “catchall” exclusion for certain statutory liabilities applied to a claim against an insured for violation of the Biometric Information Privacy Act,

Third District Court of Appeal Reverses Trial Court Decision to Deny Appraisal in Reopened Hurricane Irma Damages Claim

January 10, 2024 / Writing and Speaking

Paris Baker examines the Third District Court of Appeal decision to reverse a trial court’s order denying the insured’s motion to compel appraisal, ruling that the insured’s letter was a legally sufficient notice of a reopened claim under Florida law.

Second District Court of Appeal Affirms Jury Verdict in Favor of Insurer in Sinkhole Case

January 9, 2024 / Writing and Speaking

Kelly Vogt analyzes the Second District Court of Appeal of Florida’s decision to uphold a jury verdict finding that a sinkhole did not cause structural damage to an insured’s property as defined by the subject policy, with a focus on challenges made to the trial court’s evidentiary rulings.

Policy Does Not Cover Wildfire Destruction of Two Residential Homes During Construction When Insured Failed to Disclose the Construction on Insurance Application

January 5, 2024 / News / Writing and Speaking

In Travelers Prop. Cas. Co. of Am. v. Talcon Grp. LLC, the United States Court of Appeals for the Eleventh Circuit affirmed the district court’s entry of summary judgment in favor of Travelers, and held that the Policy excluded coverage for Talcon’s two residential homes destroyed by wildfire during construction, where Talcon failed to disclose said residential construction on his insurance application. More specifically, the Court found that the Policy, “when viewed together with the insured’s insurance application as required by Florida law, unambiguously provides coverage for only underground utility operations and the site development work tied to those operations [but] did not extend to the construction of the two [residential] homes.”

Third DCA Affirms Citizens’ Summary Judgment on Late Notice in Mario Arce v. Citizens Property Insurance Corporation

January 4, 2024 / News / Writing and Speaking

By Paris T. Baker

In Mario Arce v. Citizens Property Insurance Company, the trial court entered summary judgment in favor of the insurer after concluding the insureds materially breached the policy by failing to timely notify Citizens of a loss allegedly caused by Hurricane Irma.

Reviewing Courts Continue to Rule for Insurers On Covid Coverage Claims

January 4, 2024 / News / Writing and Speaking

Melinda Kollross examines the ongoing trend in federal and state reviewing courts across the nation of ruling in favor of the insurance industry regarding business interruption claims arising from the pandemic.

Florida 4th DCA Reverses Trial Court Order in Kidwell Grp., LLC v. Safepoint Ins. Co.

January 3, 2024 / Writing and Speaking

In Kidwell Grp., LLC v. Safepoint Ins. Co., the trial court dismissed a complaint filed by Kidwell as assignee of benefits under a homeowner’s insurance policy for failure to satisfy Fla. Stat. § 627.7152(2)(a) because the invoice was unexecuted. Section 627.7152(2)(a) requires that an assignment agreement must be executed and contain an itemized, per-unit cost estimate of the services to be performed.

  • 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