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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]