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
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
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
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
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
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
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...
Parties May Serve Offers of Judgment in Small Claims Cases
See Davis v. Clark, 2021 Fla. App. LEXIS 12220 (Fla. 2d DCA, Aug. 20, 2021). In Davis, Plaintiff Davis sued Defendant Clark for a breach of oral contract and brought the suit in small claims court. Defendant Clark served a $100 offer of...
People’s Trust v. Fernandez
Third DCA finds that post-suit appraisal demand was ripe when Insured had complied with all post-loss obligations. In Fernandez, People’s Trust invoked the option to repair and requested that the Insured submit a sworn proof of loss if it disputed the scope of...
Zaleski v. State Farm
Fourth DCA confirms Fortune v. First Protective Ins. Co. and Landers v. State Farm Fla. Ins. Co. holding that appraisal invocation does not toll CRN cure period. In Zaleski, State Farm investigated the loss and made its undisputed...
American Integrity v. Branford
Fourth DCA finds that a release attached to proposal for settlement did not make the offer ambiguous. In Branford, the Court upheld a grant of attorney’s fees and costs to American Integrity. American Integrity served a $1,000 proposal for settlement...