Law Firm Blog

Old Dominion Insurance Company Granted Final Summary Judgment Where Insured Compromised Subrogation Rights

Insurance policies routinely include a condition prohibiting an insured from compromising the insurer’s rights of recovery against third parties that may have caused the damages claimed.  Such conditions impose an obligation on an insured not to compromise the insurer’s rights of recovery / subrogation rights against an at fault party.  Subrogation is the means […]

William Mitchell Named Recipient of Greater Tampa Chamber of Commerce Military Appreciation Award

Congratulations to attorney William Mitchell on receiving the 2017 Greater Tampa Chamber of Commerce Military Appreciation Award. William and his wife, Joena Mitchell, will be attending the awards ceremony tomorrow evening in Tampa. William is receiving the 927th Air Refueling Wing Noncommissioned Officer of the Year. Congratulations William!

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AOB Win For UPC

In The Construction Guys, Inc. a/a/o Micciulli v. United Property & Casualty Insurance Company, the plumbing contractor filed suit against the insurance company seeking benefits for repairs made on behalf of United’s insured. The Construction Guys, Inc. claimed to have standing as an assignee of the Insured but the document on which suit was […]

Premature Suits and Attorney’s Fees

Those handling property insurance claims in Florida are no doubt aware of the risk that a court may require an insurer to pay an insured’s attorneys fees. Florida’s attorney fee statute provides a strong inducement for insureds and their attorneys to file suit sooner rather than later with the hopes of obtaining entitlement to […]

The Florida Supreme Court Limits Application of The Efficient Proximate Cause Doctrine

The Florida Supreme Court just issued its decision in Sebo v. American Home Assurance Co., Inc. in which the Court addressed a perceived conflict between the Second and Third District Courts of Appeal on when “coverage exists when multiple perils combined to create a loss and at least one of the perils is excluded […]

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Judgment in Favor of Tower Hill Due to Invalid Second Assignment

Congratulations to Tower Hill Preferred Insurance Company for obtaining a final summary judgment in its favor. Judge Robert Crown in the Collier County Court found that the insured had already assigned “any and all insurance rights, benefits, and proceeds” to United Reconstruction Group, Inc., before executing the subsequent assignment of benefits to Plaintiff […]

Come Hell or High Water

Victory for Florida Peninsula Insurance Company last night in Pinellas County when the jury returned a verdict that the homeowner intentionally caused a loss to his own property!

In Abbasi v. Florida Peninsula Insurance Company, Florida Peninsula relied upon the intentional acts exclusion of the policy as well as the fraud or concealment […]

Directed Verdict Obtained in Liability Defense Matter by Roland Bernal, Esq. and Sergio Muniz, Esq. of the Vero Beach Office

Congratulations to Florida Farm Bureau in obtaining a Motion for Directed Verdict in favor of their policyholder in a third party liability defense matter in Indian River County Circuit Court. Specifically, Plaintiff alleged that Defendant homeowner was vicariously negligent for the purported agent’s failure to supervise and provide proper safety equipment to Plaintiff. Plaintiff […]

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Assignees Continue to Defeat Assignees

Congratulations to Olympus Insurance Company on a summary judgment ruling in its favor in Lake County. In The Kidwell Group, LLC d/b/a Air Quality Assessors of Florida a/a/o Colleen Farmer v. Olympus Insurance Company, Plaintiff alleged standing based upon an assignment of benefits executed by the insured after the insured initially executed an assignment […]

Appeal of Trial Court’s Order Denying Class Action Certification on Overhead and Profit Affirmed

The Fourth District Court of Appeal has Per Curium Affirmed the trial court’s decision denying class action certification in a first party breach of contract case.  In Juvonen v. United Property and Casualty Insurance Company (Case No. 502010CA002171XXXXNB), the proposed class representative Plaintiffs sought class certification for all persons who insured their Florida home […]