Showing all results for category “Writing and Speaking”

Middle District of Florida Denies Insured’s Motion for Summary Judgment and To Compel Appraisal because Appraisal Is Premature Due to Unresolved Coverage Dispute

Zachary Sonenblum examines the U.S. District Court for the Middle District of Florida’s denial of a motion for summary judgment and motion to compel appraisal. Appraisal was deemed premature due to the existence of an underlying coverage dispute.

Coverage Counsel or Claims Adjuster? The Discovery Obstacles Facing Insurance Companies Trying To Protect Privileged Communications With Their Counsel

Colleen Beverly examines a decision by the New York federal court in the case of Cadaret Grant & Co. v. Great Am. Ins. Co. that held information exchanged between an insurance adjuster and its coverage counsel is not privileged.

Kollross and Sampen’s Loper Filing Selected As “Amicus Brief of the Month”

Each month Capital Appellate Advocacy’s All Things Amicus features an “Amicus Brief of the Month”—an amicus brief that was authored by other attorneys.

This month the site features the Supreme Court amicus brief that Melinda Kollross and Don Sampen of Clausen Miller,

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.

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.

‘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.