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12 02, 2016

…Back to Basics…

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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 […]

3 06, 2020

Altagracia Mera v. Citizens Property & Casualty Insurance Corporation

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Altagracia Mera v. Citizens Property & Casualty Insurance Corporation, Fla. Supp. 2801MERA (Fla. Feb. 20, 2020).  In Broward County Case No. CACE18020878, Judge Michael Robinson granted Citizens’ Motion for Summary Judgment, finding the exclusion for wear and tear applicable.  The court found that the affidavit of the insured’s public adjuster was conclusory, and lacked […]

12 02, 2016

AOB Answer Brief on Homestead Protection

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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 […]

3 06, 2020

CASE LAW UPDATE ANTI-CONCURRENT CAUSATION POLICY LANGUAGE PRECLUDES RECOVERY

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CASE LAW UPDATE

ANTI-CONCURRENT CAUSATION POLICY LANGUAGE PRECLUDES RECOVERY

Michele A. Russell, Associate Attorney – West Palm Beach, West Office

The Third District Court of Appeal recently held in Sec. First Ins. Co. V. Czelusniak, that the trial court erred in directing the verdict in favor of the insured by applying the concurrent cause doctrine where […]

3 06, 2020

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

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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, […]

3 06, 2020

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

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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

 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 […]

3 06, 2020

CASE LAW UPDATE THE THIRD DISTRICT FINDS THAT THERE IS NO COVERAGE FOR DAMAGE CAUSED BY BLASTING UNDER THE UNAMBIGUOUS EARTH MOVEMENT EXCLUSION

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CASE LAW UPDATE

 THE THIRD DISTRICT FINDS THAT THERE IS NO COVERAGE FOR DAMAGE CAUSED BY BLASTING UNDER THE UNAMBIGUOUS EARTH MOVEMENT EXCLUSION

 In a recent ruling in Hernandez v. Citizens Property Insurance Corporation, the Third District Court of Appeal affirmed the trial court’s decision granting Citizens’ Motion for Summary Judgment, finding that there was no […]

3 06, 2020

CASE LAW UPDATE THIRD DCA HOLDS THAT TRIAL EXPERT’S AFFIDAVIT MUST INCLUDE AN ANALYSIS THAT CREATES A GENUINE ISSUE OF MATERIAL FACT TO DEFEAT SUMMARY JUDGMENT

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CASE LAW UPDATE

 

THIRD DCA HOLDS THAT TRIAL EXPERT’S AFFIDAVIT MUST

INCLUDE AN ANALYSIS THAT CREATES A GENUINE ISSUE OF MATERIAL FACT TO DEFEAT SUMMARY JUDGMENT

 Cameron D. Diehl, Associate Attorney – St. Petersburg Office

In early May, the Third DCA issued an opinion in Osmany Estevez and Yenisbel Ramirez, v. Citizens Property Insurance Corporation, ruling that […]

3 06, 2020

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

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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 […]

3 06, 2020

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

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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, […]