Law Firm Blog

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 […]

Groelle & Salmon Obtains a PCA from the Second District Court of Appeals

Congratulations to the Catholic Diocese of St. Petersburg (Catholic Mutual Group) on obtaining a Per Curiam Affirmance from the Second District Court of Appeals!

In Doe v. Robert Lynch, as Bishop of the Catholic Diocese of St. Petersburg, the trial court granted summary judgment based on the statute of limitations defense asserted by the Diocese. […]

Categories: Clergy|Tags: |

Fourth DCA Affirms St. Johns’ AOB Summary Judgment Based on Homestead Exemption – Without Opinion

Congratulations go out to St. Johns Insurance Company for their appellate victory based on Florida’s Homestead Exemption.  In One Call Property Services, Inc. a/a/o Carl & June Schlanger v. St. Johns Ins. Co., the Fourth DCA affirmed the trial court’s summary judgment, which invalidated the assignment of benefits secured by the contractor based on […]

Categories: Assignment of Benefits|Tags: |

Third Party Bad Faith Verdict

There was an interesting verdict reported in the Palm Beach Post newspaper. A Palm Beach County jury found against Geico in a bad faith action, purportedly finding it failed to cooperate with the Plaintiff’s counsel in obtaining information from the insured regarding the insured’s assets at the time it extended to settle the claims […]

Categories: Bad Faith|Tags: |

…Back to Basics…

In Diana Pena v. Matthew Ryan Fox, 40 Fla.L.Weekly D 2573a (2nd DCA Nov. 2015), the Second District Court of Appeal reversed the trial court’s dismissal of the Plaintiff’s Complaint against Matthew Fox with prejudice based on a purported settlement agreement. The appellate court held that the trial court erroneously accepted that a settlement […]

Categories: Uncategorized|Tags: |

Florida’s Valued Policy Law vs. Appraisal Provision

Florida’s 1st District Court of Appeal recently had the opportunity to address a unique situation pitting the requirements of Florida’s Valued Policy law against a property insurance policy’s appraisal provision.  InFreeman v. American Integrity, Ins. Co. of Fla., 2015 Fla. App. LEXIS 18553 (Fla. 1st DCA 2015) the insureds purchased a dwelling property policy […]

Categories: Appraisal|Tags: |

The 3rd DCA and 5th DCA Issue Decisions on the Application of a Contingency Risk Fee Multiplier with Different Results and Analysis

On December 30, 2015, the 5th DCA issues its decision in Citizens Property Ins. Corp. v. Pulloquinga.  The case dealt with a coverage dispute from a fire loss which resulted in a total loss to the dwelling and personal property.  Citizens initially issued a payment of $5,000.00 but made no further payments.  Suit was […]

Categories: Attorney's Fees|Tags: |

The Clergy-Penitent Privilege: An Overview

Partner Rob Radel, who specializes in defense of church and charitable organizations, recently authored and published this topic article with Andrew Labbe, that will be of significant interest in the defense of these organizations. Mr. Radel and Mr. Labbe are both practicing from the firm’s Tampa office:
Click Here to Read the Article

Categories: Clergy|Tags: |

Important Ruling on Statutory Definition of Structural Damage

Hillsborough County judge finds that the statutory definition of structural damage is incorporated into a homeowners policy despite it not being expressly written into the policy.

Groelle & Salmon, P.A. continues its success in arguing that the definition of structural damage, Florida Statute 627.706 (k) (2) is incorporated into the policy regardless of whether it […]

Categories: Uncategorized|Tags: |

AOB Answer Brief on Homestead Protection

We have received a large number of inquiries regarding our One Call Property Services, Inc. a/a/o Carl & June Schlanger v. St. Johns Ins. Co. AOB appeal.  We developed this theory more than a year ago and have successfully used it before Florida trial judges.  This is the first case on appeal based on […]

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