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Mama Jo’s Inc. d/b/a Berries v. Sparta Insurance Company

2020 WL 4782369 (11th Cir. Aug. 18, 2020)   In this case the Eleventh Circuit Court of Appeals addresses what constitutes “direct physical loss” that triggers coverage.  Specifically, the Court considered whether dust and debris generated by road construction is direct physical loss, and held that it is not. The Southern District of Florida had excluded the opinions of Plaintiff’s…

Avatar Property & Casualty Insurance Company v. Cecilia Castillo and Jorge Gullen

District Court of Appeal for the State of Florida, Fourth District No. 4D18-3154 (April 22, 2020) In this appeal from the Circuit Court for the Fifteenth Judicial Circuit in Palm Beach County, the Fourth District Court of Appeal (“DCA”) of the State of Florida determined Avatar’s insurance policy did not require the insureds to produce the handyman or the employees…

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