Showing all results for category “breach of contract”

Florida First District Court of Appeal Finds No Breach of Contract for Insurer After Actual Cash Value Payment in Hurricane Sally Damage Dispute

October 13, 2025 / News / Writing and Speaking

Kelly Vogt analyzes a Florida First District Court of Appeal homeowners’ insurance case where a contrary damages estimate was not submitted to the insurer until the eve of the trial. The court affirmed no breach of contract for the insurer.

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Florida Third District Court of Appeal Finds Plumbing Damages Claimed by Plaintiff Unsupported by Evidence at Trial

October 9, 2025 / News / Writing and Speaking

Kelly Vogt analyzes a Florida Third District Court of Appeal decision to reverse the trial court’s denial of remittitur in a plumbing damage case and remand with instructions to reduce damages. The court held that the amount of damages claimed by the plaintiff was unsupported by competent evidence presented at trial.

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Caran Notches Two Summary Judgments Wins In New York

August 5, 2025 / News

Clausen Miller Partner Djordje Caran won summary judgment for our client on a general liability matter involving refurbishment of the office of Nixon Peabody; even though our client was on site supervising every day. The court held that our client had no duty to the plaintiff nor did any of the Espinal exceptions to creation of a duty to third-parties not in contractual privity apply.  The case was pending in the Supreme Court of New York, New York County.

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Strategic Motion Practice Forces Voluntary Dismissal on Eve of the Hearing

July 21, 2025 / News / Writing and Speaking

Congratulations to Irene Thaler on using strategic motion practice to force a voluntary dismissal on the eve of a hearing in a Florida coverage case. The plaintiff initially alleged breach of contract but dismissed its claim without prejudice after the filing of a motion to dismiss with prejudice and motion for sanctions by the defendant insurer.

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Perri and Popadiuk Obtain Medical Discovery in Breach of Contract Action Despite No Claim or Allegations of Personal Injuries

June 2, 2025 / News

Congratulations to Carl Perri and Gregory Popadiuk on obtaining a medical discovery in a breach of contract action involving an elevator installation. The plaintiff withdrew from the elevator installation for his home after determining that it was non-functional and that the installer made misrepresentations about its features.

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11th Circuit Court of Appeals Holds Plaintiffs Provided Late Notice in First Party Property Breach of Contract Action

April 10, 2025 / News / Writing and Speaking

Kelly Vogt analyzes an Eleventh Circuit Court of Appeals decision that affirmed summary judgment for the insurer in a first party property case, finding that the plaintiffs did not provide prompt notice of a property damage claim stemming from a pipe burst.

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No Bad-faith Claim Available for Underinsured Motorist Benefits

April 2, 2025 / News / Writing and Speaking

Don Sampen analyzes a Seventh Circuit Court of Appeals decision that held an insured has no statutory bad-faith claim against an insurer for an arguable bad-faith delay in the payment of underinsured motorist benefits.

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Florida Southern District Grants Summary Judgment to Insurer After Court Excludes Expert Testimony

July 26, 2024 / News / Writing and Speaking

Kelly Vogt analyzes a Florida Southern District coverage case in which the court granted summary judgment in favor of the insurer after excluding the insured’s expert testimony and evidence submitted in support of its claim for Hurricane Irma damages.

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Middle District Court of Florida Grants Summary Judgment in Favor of Insurer After the Insured Fails to Provide Timely Notify of Loss

June 24, 2024 / News / Writing and Speaking

Kelly Vogt analyzes a Florida Middle District Court decision granting insurer’s Motion for Summary Judgment due to the insured’s delayed notification of loss following alleged water damage in demolition project.

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Moody and Sonenblum Secure Final Summary Judgment for Insurer Client in Breach of Contract Case

March 28, 2024 / News

Congratulations to Tom Moody and Zachary Sonenblum on securing final summary judgment for their insurer client in a Hurricane Sally breach of contract case in the Circuit Court of the First Judicial Circuit in and for Santa Rosa County, Florida.

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  • 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

  • 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

    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 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: Scot G. Doyen

  • 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: Scot G. Doyen