Showing all results for category “Florida Third District Court of Appeal”

Final Jury Verdict Reversed and Remanded for Trial Court’s Order Denying Insurer’s Motion to Set Aside Verdict for Failing to Dismiss and Limiting Affirmative Defenses

November 7, 2025 / News / Writing and Speaking

In Universal Prop. & Cas. Ins. Co. v. Suffrat, No. 3D23-2263, 2025 Fla. App. LEXIS 8327 (3d DCA Nov. 5, 2025), Florida’s Third District Court of Appeal (“Third DCA”) reversed and remanded a trial court’s order denying Universal’s motion to set aside a final judgment following a jury verdict in favor of the insured plaintiff.

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Florida Third District Court of Appeal Holds EUO Testimony is Admissible Evidence for Summary Judgment Ruling

October 14, 2025 / News / Writing and Speaking

Zachary Sonenblum analyzes a Florida Third District Court of Appeal decision to allow EUO testimony to be presented as summary judgment evidence and rejected the argument that the EUO testimony was inadmissible hearsay.

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Florida Third District Affirms Coverage Exclusion Under Policy’s Water Damage Exclusion Endorsement

May 17, 2025 / News / Writing and Speaking

Zachary Sonenblum analyzes a Florida Third District decision to affirm a lower court’s entry of summary judgment for the insurer in a coverage dispute, finding that coverage was excluded under the policy’s Water Damage Exclusion Endorsement.

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Florida Third District Court of Appeal Holds Business Interruption Coverage Requires Physical Loss or Damage

March 27, 2025 / News / Writing and Speaking

Kelly Vogt analyzes a Florida Third District District Court of Appeal business interruption case that upheld policy requirements for “direct physical loss” for coverage of claims arising from the COVID-19 pandemic. The court ruled in favor of the insurers, affirming that the policies’ Business Interruption clauses were expressly linked to the “Perils Insured Against” provision that required direct physical loss or property damage.

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Florida Third DCA Holds Insured’s Engineer’s Conclusory Opinions Failed to Rebut the Presumption of Prejudice Due to Late Notice

February 21, 2025 / News / Writing and Speaking

Zachary Sonenblum analyzes a Florida Third District Court of Appeals decision affirming summary judgment and reinforcing the importance of timely claim reporting. The court found that the insured’s engineer’s conclusory opinions failed to rebut the presumption of prejudice due to late notice. The insured reported the claim 13 months after Tropical Storm Eta, and the court found both the affidavit and engineering report lacked reasoning to establish causation.

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Florida Third DCA Quashes Trial Court’s Denial of Insurer’s Motion to Dismiss, Concluding Pre-Suit Requirements Apply to “Thinly Veiled” Breach of Contract Count Styled as Declaratory Judgment Claim

September 11, 2024 / News / Writing and Speaking

Kelly Vogt analyzes a Florida Third District Court of Appeal decision quashing the trial court’s order denying an insurer’s motion to dismiss for failure to comply with the pre-suit requirements of § 627.70152.

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Florida’s Third District Court of Appeals Affirms Summary Judgment in Favor of Insurer, and Finds Claims Administration Statute Inapplicable When the Insuring Agreement Is Never Triggered

September 9, 2024 / News / Writing and Speaking

Jonathan Wickham analyzes a Florida Third District Court of Appeal coverage case affirming summary judgment in favor of the insurer. The Court held that Florida’s Claims Administration Statute was inapplicable to a claim when the insuring agreement is never triggered.

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Florida Second District Court of Appeal Holds Pre-Suit Requirement Does Not Apply Retroactively to Policies Purchased Before § 627.70152 Enactment

September 9, 2024 / News / Writing and Speaking

Douglas Cohen analyzes a Florida Second District Court of Appeal property case holding that the pre-suit notice requirement in Fla. Stat. Section 627.70152 is a substantive statutory change that cannot apply to a claim brought under an insurance policy purchased before the statute’s enactment. Siding with the Sixth District, the Second District found that there is no clear legislative intent or language for section 627.70152 to apply retroactively to policies entered before it was enacted.

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Florida’s Third District Court of Appeal Denies Prejudgment Interest on Appraisal Award where Coverage was not Denied on Underlying Claim

March 4, 2024 / News / Writing and Speaking

Melissa Burghardt examines a Florida Third DCA decision denying prejudgment interest on an appraisal award to an insured where it was undisputed that the insurer did not deny coverage and paid the appraisal award in accordance with the policy.

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Third District Court of Appeal Orders New Trial for Insurer Following Admission of Incorrect Value of Damages by Insured

October 9, 2023 / News / Writing and Speaking

Kelly Vogt breaks down a 3rd District Court of Appeal decision ordering a new trial for an insurer after finding that the trial court allowed an insured to present evidence on the replacement cost value of damages rather than the actual cash value.

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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