Showing all results for category “Hurricane Irma”

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

Douglas Cohen analyzes a Third District Court of Appeals reversal of a trial court’s order denying the insurer’s motion to set aside a final judgment after a jury verdict in favor of the insured. The court cited a lack of pre-suit notice as required under Florida law and a precedent that allows insurers to present multiple defenses.

Florida’s Sixth District Court of Appeal Holds That Pre-Offer Attorneys’ Fees and Costs Must Be Included in Determining Entitlement to Attorneys’ Fees and Costs Under Florida’s Offer of Judgment Statute

Jonathan Wickham analyzes a Florida Sixth District decision that held pre-offer attorney’s fees and costs must be included in determining entitlement to attorneys’ fees and costs under Florida’s Offer of Judgment Statute, even if the offer is “exclusive of attorneys’ fees and costs.”

Middle District of Florida Addresses Insured’s Claims for Delay Damages, Appraisal Costs, Legal/Prejudgment Interest and Attorneys’ Fees in Bad Faith Action

Jonathan Wickham analyzes a bad faith claim in which Florida’s Middle District addressed an insured’s claims for delay damages, appraisal costs, interest and attorneys’ fees in an insurance dispute arising from hurricane roof damage.

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

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.

Third DCA Affirms Citizens’ Summary Judgment on Late Notice in Mario Arce v. Citizens Property Insurance Corporation

By Paris T. Baker

In Mario Arce v. Citizens Property Insurance Company, the trial court entered summary judgment in favor of the insurer after concluding the insureds materially breached the policy by failing to timely notify Citizens of a loss allegedly caused by Hurricane Irma.

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.

Florida District Court Holds 5-year Statute of Limitations Tolled for 10 Business Days in Hurricane Irma Claim

Michael Scott examines a Southern District of Florida decision involving a Hurricane Irma claim where the Court held that the 5-year statute of limitations was tolled for 10 business days by Fla. Stat. § 627.70152(3)(b)

Appellate Court Agrees Insurance Broker Owed No Professional Duty to Non-Client

By Zachary W. Johnson and Thushan M. Sabaratnam

A three-justice panel of the Illinois Appellate Court, First District affirmed the dismissal of a landlord’s suit for professional negligence and tortious interference against a tenant’s insurance broker,

Florida’s Third District Court of Appeal Reverses Summary Judgment In Favor of an Insurer in Late Notice Hurricane Irma Case

By KeiErica A. Baker

Florida’s Third District Court of Appeal recently held that a genuine issue of material fact remains as to whether the insured provided prompt notice of the loss. In Castro v.

Middle District of Florida Decision Showcases Importance of Line-item Appraisal Award Forms

By Douglas M. Cohen

In Pustilnik v. Scottsdale Ins. Co., No. 2:23-cv-377-JLB-KCD, 2023 U.S. Dist. LEXIS 103633 (M.D. Fla. June 14, 2023), there was an insurance dispute regarding the cost to repair the property stemming from Hurricane Ian.