Showing all results for category “summary judgment”

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

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.

Clausen Miller Obtains Summary Judgment From Trump Trial Judge

Clausen Miller partner Matthew Van Dusen and associate Lisa Doolittle recently won summary judgment from Honorable Arthur Engoron, the now nationally known judge presiding over the Trump civil trial in New York. Our case involves a real estate transaction.

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.

Goltsman Wins Summary Judgment for Home Health Care Provider

Mara Goltsman obtained summary judgment on behalf of our client, a home health care agency providing home care services to the 87-year-old, bed-bound decedent who had multiple co-morbidities including a diagnosis of advanced Alzheimer’s Disease.

Florida District Court Grants Insurance Carrier’s Final Summary Judgment Motion for Failure to Disclose Appropriate Expert

Tony Pagán, Jr. analyzes a ruling by the U.S. District Court for the Southern District of Florida wherein the Court ultimately granted an insurance carrier’s summary judgment motion because the insured failed to disclose an expert to testify in its case-in-chief and lacked evidence to prove causation and/or damages.

Middle District of Florida Denies Insured’s Motion for Summary Judgment and To Compel Appraisal because Appraisal Is Premature Due to Unresolved Coverage Dispute

Zachary Sonenblum examines the U.S. District Court for the Middle District of Florida’s denial of a motion for summary judgment and motion to compel appraisal. Appraisal was deemed premature due to the existence of an underlying coverage dispute.

Third District Court of Appeal Rules No Prejudgment Interest Due After Timely Payment of Appraisal Award

Douglas Cohen breaks down a recent decision by Florida’s Third District Court of Appeal finding that to be entitled to prejudgment interest after a timely paid appraisal award an insured must show the claim was initially denied.

Middle District of Florida Grants Partial Summary Judgment in Favor of Insurer for Replacement Cost Value Damages

Kelly Vogt breaks down a recent Middle District of Florida decision granting in part and denying in part an insurer’s motion for summary judgment. The court decided that a genuine issue of material fact remains as to whether a request for ACV benefits was made under the policy but granted summary judgment for RCV-related damages.

Middle District of Florida Grants Summary Judgment for Insurer Based on Late Notice and Recovery of RCV Damages

By Michael J. Raudebaugh

In a recent order granting summary judgment in favor of Westfield Insurance Company, the United States District Court for the Middle District of Florida reiterated that an insured’s failure to provide timely notice of a claim is a legal basis for denying recovery under the policy.

Failure to Disclose Cancer Brings Rescission of Life Insurance

By Don R. Sampen, published, Chicago Daily Law Bulletin, May 9, 2023

The 7th U.S. Circuit Court of Appeals recently upheld a life insurer’s right to rescind a policy due to a misrepresentation by the insured,