Showing all results for category “florida fourth district court of appeals”

Southern District of Florida Holds that Fl. Stat. § 627.70152 May Be Applied Retroactively

Douglas Cohen examines a Southern District of Florida ruling in which the Court held that the pre-suit notice requirement of a Florida statute applied retroactively in a Hurricane Irma first party property claim and dismissed the plaintiff’s lawsuit.

Fourth DCA Reverses Verdict Entered in Favor of Insurer and Orders New Trial Regarding Constant and Repeated Seepage Exclusion

Zachary D. Sonenblum breaks down the Fourth District Court of Appeal’s reversal of the verdict entered in favor of the insurer in Feldman v. Citizens Prop. Ins. Corp. The court ordered a retrial to determine whether the insurer’s cited policy exclusion precluded coverage.

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.

Fourth District Court of Appeal Holds Insured Not Entitled to Attorney’s Fees Where Carrier Tendered Policy Limits in Response to Pre-Suit Notice

Michael Raudebaugh examines a Fourth District Court of Appeal decision that insureds may not recover attorney’s fees where the carrier tendered policy limits in response to a pre-suit notice, reinforcing the court’s hard stance against meritless claims.

Middle District of Florida Finds Statutory Pre-Suit Notice Requirement Applies “Quasi-Retroactively”

Tony Pagán examines a Middle District of Florida decision that Section 627.70152’s pre-suit notice requirement is procedural and applies “quasi-retroactively,” reasoning that the statute imposes a prospective requirement (pre-suit notice) on a pending transaction (policy of insurance) and rejecting the insured’s argument that post-suit appraisal payment constituted a “confession of judgment” entitling the Insured to attorneys’ fees.

Florida Fourth District Court of Appeal Affirms Judgment in Favor of Policyholder on Hurricane Irma Claim, Reverses Judgment on Ceiling Collapse Claim Under Same Policy

By Tony Pagán Jr.

In Universal Prop. & Cas. Ins. Co. v. Caboverde, Florida’s Fourth District Court of Appeal addressed two separate insurance claims under the same policy involving a 2016 ceiling collapse claim and a 2019 Hurricane Irma claim.

Florida Fourth District Court of Appeal Rules 627.71052, Florida Statutes, Applies Retroactively

By Douglas M. Cohen

In Cole v. Universal Prop. & Cas. Ins. Co. the Florida Fourth District Court of Appeal held that Fla. Stat. Section 627.70152, which requires a presuit notice of intent to initiate litigation be filed as a condition precedent to filing suit under a property insurance policy,

Florida Fourth District Court of Appeals Upholds and Validates Assignment of Benefit Insurance Policy Language

The Florida Fourth District Court of Appeals on September 5, 2018 upheld and validated insurance policy language that requires the signatures of all insureds and mortgagees on an assignment of benefits (AOB).

The policy language stated “[n]o assignment of claim benefits,