Insurance Coverage & Defense

23 06, 2015

1st DCA Limits Scope of PIP Discovery Enforcement Provision In Section 627.736(6)

Categories: Insurance Coverage & Defense||

by Laura R. Mauldin, Esq.
On June 22, 2015, the First District Court of Appeal handed down an opinion defining the scope of the enforcement provision available to insurers under section 627.736(6)(c), Florida Statutes, which is part of Florida’s ‘No-Fault” or personal injury protection (PIP) law. In Shands Jacksonville Medical Center, Inc. v. State Farm […]

2 06, 2015

2nd DCA Affirms Summary Judgment Based On Continued or Repeated Seepage or Leakage Exclusion

Categories: Insurance Coverage & Defense||

Congratulations are in order for UPC Insurance after the Second District Court of Appeal issued a Per Curium Affirmed ruling of an Order granting a Motion for Summary Judgment.

In SAMUEL OQUENDO V. UNITED PROPERTY & CASUALTY INSURANCE COMPANY, Case No. 2D14-4263, the claim originated as a water loss with minimal to no […]

3 06, 2015

AOB Vendor Versus AOB Vendor

Categories: Insurance Coverage & Defense||

Congratulations to Homeowners Choice Property & Casualty Insurance Company on a partial summary judgment ruling in Hillsborough County. In Nicon Construction, Inc. & B&M Clean, LLC d/b/a/ Sun Construction a/a/o Richard Prager v. Homeowners Choice Property & Casualty Insurance Company, two vendors alleged standing based upon separate assignments of benefits. Hazel Turner of Groelle […]

1 05, 2015

AOB Wins and Orders

Categories: Insurance Coverage & Defense||

Groelle & Salmon has successfully argued a Motion for Summary Judgment in Osceola County. In CSB Services Inc. a/a/o Charmaine McKenzie v. Sawgrass Mutual Insurance Company, Maria Morris of Groelle & Salmon’s Orlando office secured Summary Judgment of a breach of contract action based upon an assignment of benefits. Osceola County Court Judge Stefania […]

7 07, 2016

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

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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 […]

1 05, 2015

Citizens Depopulation Bill Passes Both Legislative Houses…

Categories: Insurance Coverage & Defense||

The Florida House and Senate have both passed the Citizens Property Insurance Corp. Depopulation bill (HB 1087/SB 1006) and it is headed to the Governor for signature.  This bill, which will take effect on January 1, 2016 if signed by the governor, requires that Citizens customers be notified if more than one private insurer […]

3 08, 2016

Come Hell or High Water

Categories: Insurance Coverage & Defense|Tags: , , |

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 […]

1 05, 2015

Fifth District Court of Appeals Weighs in on AOB

Categories: Insurance Coverage & Defense||

In an opinion just released this morning (April 10, 2015), the Fifth District Court of Appeals in Accident Cleaners, Inc., A/A/O Joseph Gerena v. Universal Insurance Company of North America, reversed the Trial Court’s Order dismissing with prejudice Accident Cleaners, Inc.’s breach of contract claim. The Court held that as a post loss […]

28 04, 2015

Final Summary Judgment in Favor of Homeowners Choice

Categories: Insurance Coverage & Defense||

Congratulations to Homeowners Choice Property & Casualty Insurance Company in obtaining an Order of Final Summary Judgment in a lawsuit filed by Cohen Battisti on behalf of Start to Finish Restoration, LLC, A/A/O of Herbert Williams in Manatee County Circuit Court, which involved a denied claim for water damage based upon the policy exclusion […]

3 06, 2015

Fourth DCA Holds Assignment of Unaccrued Rights Valid

Categories: Insurance Coverage & Defense||

By David J. Salmon, Esq. and Andrew A. Labbe, Esq.
In three related opinions issued May 20, 2015, the Fourth DCA reversed trial court orders in favor of insurers finding that Plaintiff contractors lacked standing to bring suit because assignments of benefits (“AOB”) were invalid.[1] The One Call and ASAP Restoration cases had been dismissed […]