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
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
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
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
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
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
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
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
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
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.
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.