Showing all results for category “first party property”

Middle District of Florida Case Provides Insight on Daubert and Failure to Submit Proof of Loss

October 22, 2025 / News / Writing and Speaking

Douglas Cohen analyzes a Florida Middle District decision that provided guidance on Daubert motions, an insured’s failure to submit a proof of loss and whether insurers must show prejudice when insureds breach a condition precedent.

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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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Middle District of Florida Grants Insured’s Motion to Compel Appraisal

February 12, 2025 / News / Writing and Speaking

Zachary D. Sonenblum analyzes a Middle District of Florida decision granting an insured’s motion to compel appraisal for two insured buildings, including one where coverage was denied. The court relied on Merrick Pres. Condo. Ass’n, Inc. v. Cypress Prop. & Cas. Ins. Co. to conclude that appraisal was appropriate since the insurer did not wholly deny coverage under the policy.

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Florida’s Fifth District Court of Appeal Examines Extent and Applicability of Fla. Stat. 627.7152 Governing Assignment of Benefits

February 11, 2025 / News / Writing and Speaking

Douglas Cohen analyzes a Florida 5th DCA decision that found that post-loss insurance benefit assignments fall under Fla. Stat. 627.7152 if they involve securing funds for property repairs—even if the assignee does not directly perform the services. The court emphasized that non-compliance with the statute renders such assignments invalid and unenforceable, leaving the assignee without standing to sue the insurer for breach of contract.

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Shareholder Kelly Vogt to Attend PICG Claims Academy in London

January 27, 2025 / News

Congratulations to Kelly Vogt on being selected to attend the Property Insurance Claims Group (#PICG) Claims Academy in London this May. As one of only 27 delegates chosen, Kelly is honored to participate in this immersive experience, which combines hands-on learning in the London Market, exposure to property claims classroom education and attendance at the PICG Conference. Congratulations to Kelly for being selected to participate in this event!

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Ninth Judicial Circuit (State) Court of Florida, Orange County, Holds That an Insured Failed to Rebut the Presumption of Prejudice That Arose as a Result of Their Failures to Comply With the Policy’s Conditions

December 23, 2024 / News / Writing and Speaking

Douglas Cohen analyzes a Florida Ninth Circuit decision that held Plaintiffs must comply with policy conditions to rebut a presumption of prejudice to the insurer. Plaintiffs filed a claim arising from a water leak in a kitchen cabinet but did not follow policy guidelines for preserving damaged property or sit for a requested examination under oath. This decision underscores the importance of preserving damaged property and adhering to examination requirements under the policy.

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D. Fitzpatrick Re-elected for 12th Term as Clausen Miller President and CEO

December 3, 2024 / News

Clausen Miller is delighted to announce that Dennis Fitzpatrick has been re-elected for his 12th term as Firm President and CEO. The Firm looks forward to another incredible year of achievements under his leadership in 2025.

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Clausen Miller Appellate Partners Celebrate Trifecta of July 2024 Wins

July 29, 2024 / News

Congratulations to Melinda Kollross, Mike Raudebaugh and Sandy Kupelian on a string of wins in July 2024. The wins included Melinda’s Illinois Appellate Court victory in a COVID-19 business interruption coverage action, Mike’s favorable settling of a first party-property action moments before a key deposition, and Sandy joining the Appellate & Trial Monitoring Practice Group. The group celebrated at Hugo’s Frog Bar in Naperville, Illinois.

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New York High Court Rules for Insurers: Presence of Covid-19 and Government Shutdown Orders Do Not Constitute Direct Physical Loss or Damage Under Property Policies

February 18, 2024 / News / Writing and Speaking

Melinda Kollross analyzes a New York Court of Appeals decision holding that the presence of COVID-19 on premises and government shutdown orders to prevent the spread of COVID-19 do not constitute “direct physical loss or damage” under a property policy.

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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.”

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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