Third DCA holds that request to exceed emergency mitigation policy limit submitted after services already provided is ineffective and does not require a response

by Janette Corwind | Oct 14, 2021 | News Publications

Third DCA holds that request to exceed emergency mitigation policy limit submitted after services already provided is ineffective and does not require a response In, All Ins. Restoration Servs. a/a/o Cediel v. Citizens Prop. Ins. Co., 2021 Fla. App. LEXIS 13644...

Expert Affidavit Sufficient to Create a Genuine Issue of Material Fact

by Bolin Law Group | Oct 7, 2021 | News Publications

Vega v. Safepoint Ins. Co., 2021 Fla. App. LEXIS 12109 (Fla. 3d DCA, Aug. 18, 2021). Summary of Facts: On July 3, 2015, Vega’s home allegedly experienced a windstorm and a large tree fell in the front of the property. Vega also reported interior leaks in several...

Third DCA affirms that having an insurable interest in property provides standing to enforce an insurance policy

by Bolin Law Group | Sep 30, 2021 | News Publications

Third DCA affirms that having an insurable interest in property, which is defined as a substantial economic interest not necessarily related to direct ownership of the property, provides standing to enforce an insurance policy. In Cole, two months after...

Failure to Appear at EUO is a Material Breach and the Insured Must Prove the Carrier Was Not Prejudiced

by Bolin Law Group | Sep 23, 2021 | News Publications

See Nunez v. Universal Prop. & Cas. Ins. Co., 2021 Fla. App. LEXIS 11628 (Fla. 3d DCA, Aug. 4, 2021).  In Nunez, the Insured reported two water loss claims – one in the kitchen and one in a bathroom. During the investigation of the claim, Universal...

Certified Priority Restoration A/A/O Cheryl Coakley v. Universal Ins. Co. of North America

by Bolin Law Group | Sep 16, 2021 | News Publications

Certified Priority Restoration A/A/O Cheryl Coakley v. Universal Ins. Co. of North America, 2021 Fla. App. LEXIS 12096 (Fla. 4th DCA, Aug. 18, 2021) Fourth DCA affirms summary judgment in favor Universal after payment of $3,000 reasonable emergency measures limit as...

Second DCA affirms that dismissal or abatement is a more appropriate remedy for premature suit

by Bolin Law Group | Aug 31, 2021 | News Publications

In Iwanicki, SafePoint investigated the loss and made two undisputed payments to the Insured.  Afterwards, SafePoint asked Iwanicki to provide a sworn proof of loss and documentation regarding damage and repair work.  More than 60 days after SafePoint’s...