Law Firm Blog

CASE LAW UPDATE THIRD DCA UPHOLDS SUMMARY JUDGMENT RULING IN FAVOR OF CARRIER BASED ON EVIDENCE OF LONG TERM SEEPAGE OR LEAKAGE OF WATER

CASE LAW UPDATE

THIRD DCA UPHOLDS SUMMARY JUDGMENT RULING IN FAVOR OF CARRIER BASED ON EVIDENCE OF LONG TERM SEEPAGE OR LEAKAGE OF WATER

 Meghan Wilson, Partner – West Palm Beach, East Office

In the case of Deshazior v. Safepoint Insurance Company the Third District Court of Appeal affirmed summary judgment in favor of the carrier based […]

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CASE LAW UPDATE SECOND DCA OVERTURNS TRIAL COURT’S DISCOVERY ORDER FOR PRODUCTION OF CLAIM FILE MATERIALS DUE TO NO PRIVILEGE LOG

CASE LAW UPDATE

SECOND DCA OVERTURNS TRIAL COURT’S DISCOVERY ORDER FOR PRODUCTION OF CLAIM FILE MATERIALS DUE TO NO PRIVILEGE LOG

 Jonathan Nunn, Associate Attorney – Port St. Lucie Office

An insured propounded a discovery request for “[a]ny and all photographs taken by the Insurance Company of the Property.”  The insurer objected to the request as being […]

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CASE LAW UPDATE HANDYMAN AND WATER RESTORATION EMPLOYEE NOT REQUIRED TO APPEAR FOR AN EXAMINATION UNDER OATH

CASE LAW UPDATE

 

HANDYMAN AND WATER RESTORATION EMPLOYEE NOT REQUIRED TO APPEAR FOR AN EXAMINATION UNDER OATH

 Diva N. Totten, Associate Attorney – Maitland Office

 On April 22, 2020, in Avatar Property & Casualty Insurance Company v. Castillo, Florida’s Fourth District Court of Appeal affirmed the trial court’s final declaratory judgment entered in favor of Insureds, […]

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CASE LAW UPDATE -OPERATION OF FLORIDA’S RIGHT OF CONTRIBUTION AMONG LIABILITY INSURERS FOR DEFENSE COSTS IN CONSTRUCTION DEFECT LITIGATION

CASE LAW UPDATE

OPERATION OF FLORIDA’S RIGHT OF CONTRIBUTION AMONG LIABILITY INSURERS FOR DEFENSE COSTS IN CONSTRUCTION DEFECT LITIGATION

 Sam Scott Ross, Partner – Tampa Office

Now, six months after the Florida Legislature created a right of contribution among liability insurers for defense costs, the impact is evident in construction defect litigation. Since enactment of § 624.1055, […]

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STILL DELIVERING RESULTS!

One maxim remains true through these times: The longer a file remains open, the larger the indemnity.

The Florida Supreme Court is providing excellent guidance for attorneys to continue with the practice of law remotely through statewide emergency orders. Local court clerks and the different courts of appeal also issue orders concerning their […]

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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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