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The law is always changing. Clausen Miller stays informed so that our clients are, too. We are counselors and litigators. And, we are also educators. We present at industry conferences and in the boardrooms of our clients’ offices. As thought leaders, we write on cutting edge developments–about things that our clients need for their work.

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Florida Courts: Insurer’s Request For Appraisal Does Not Toll Civil Remedy Notice Cure Period

April 14, 2021 / Writing and Speaking

By Anna P. Jiménez

Florida’s Fourth District Court of Appeals joined other Florida appellate courts in determining that a bad faith action cannot be dismissed on the grounds that appraisal was awarded and paid because the insurer’s request for appraisal did not toll the 60-day cure period reflected in §624.155 of Florida Statutes for a Civil Remedy Notice (“CRN”).

Florida Court of Appeals Dismisses Bad Faith Lawsuit For Failure To Comply With The Civil Remedy Notice Specificity Requirements

April 14, 2021 / Writing and Speaking

By Michael H. Scott

In Florida, a policyholder may not assert a statutory bad faith lawsuit against its Insurer under § 624.155, Fla. Stat. without first filing a Civil Remedy Notice (“CRN”) with the Florida Department of Financial Services (the “Department”).

Burden On Insureds To Prove Exception To Exclusion In Property Policy

April 14, 2021 / Writing and Speaking

By Don R. Sampen

A common and near-universal rule of insurance coverage is that the insured has the burden of proving that a claim or loss falls within the scope of a policy’s insuring agreement,

Eleventh Circuit Upholds Summary Judgment For Insurer Citing Doctrine Of Uberrimae Fidei

April 14, 2021 / Writing and Speaking

By Michele T. Bachoon

The legal doctrine of uberrimae fidei literally means “utmost good faith”. This term is common in the insurance industry as the insurance policy, which is a legal contract,

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