By: Allison J. Van Fleet Massey Construction Group, Inc. a/a/o Joseph Jaffe v. Edison Insurance Company District Court of Appeal, Second District 336 So. 3d 443 (Fla. 2d DCA 2022) This matter came before the Second District Court of Appeals following an Order dismissing with prejudice the Plaintiff’s Complaint given the lack of standing under the assignment of benefits contract.…

By: David A. Mervine Certain Underwriters at Lloyd’s v. Lago Grande 5-D Condo. Ass’n, Inc., No. 3D21-636, 2022 WL 1397382 (Fla. Ct. App. May 4, 2022). This matter came before the appellate court on appeal from the Trial Court Order Compelling Appraisal of a loss arising from Hurricane Irma submitted by the Lago Grande 5-D Condominium Association.  After an investigation,…

By: David A. Mervine Luz Cintron and Agustine Cintron v. Edison Insurance Company 339 So. 3d 459 (Fla 2d DCA May 18, 2022) This matter came before the Second District Court of Appeals following an Order dismissing with prejudice the Plaintiff’s Second Amended Complaint alleging an action for declaratory relief. The defendant insurance company has issued a homeowners insurance policy…

By: Allison J Van Fleet District Court of Appeal of the State of Florida, Fourth District No. 4D21-798 April 20, 2022 The Fourth District Court of Appeals addressed whether the 10-day notice requirement of Fla. Stat. § 627.7152(9) (regarding pre-suit notice for assignment of benefits (AOB)) applied to an AOB executed after the effective date of the statute, when the…

By: David A. Mervine United States District Court for the Southern District of Florida 2022 U.S. Dist. LEXIS 11705 2022 WL 196294 January 21, 2022 The Plaintiffs sued Scottsdale for breach of a homeowner’s insurance contract in the Circuit Court for Miami Dade County. Scottsdale removed the case to the district court for the Southern District of Florida and moved…

By: David A. Mervine 333 So.3d 1144 4th DCA Fl. App., 2022 This matter was appealed to the 4th District Court of Appeals, from a trial court order entering summary final judgment for the Plaintiff AOB vendor, First Call 24/7. The insured suffered a loss to property and reported their claim to People’s Trust (the Insurer). The Insurer investigated the…

By: David A. Mervine 2022 WL 221254 District Court of Appeals, First District, January 2022 This matter came before the Court on the Petitioner/Defendant insurer’s Petition for Writ of Certiorari quashing the trial Court’s Order compelling the production of underwriting manuals. The position of the insurer was that the manuals were undiscoverable in a breach of contract cases, like the…

By: Oliver B. Clark The above cause came before the Southern District of Florida’s Miami Division upon Defendant, Scottsdale’s, Motion for Summary Final Judgment against Plaintiff, LMP Holdings. The Court entered summary final judgment in favor of Defendant for the following reasons. Plaintiff, LMP Holdings, Inc., filed suit against its insurer, Scottsdale Insurance Company, for breach of contract and declaratory…

By: Oliver B. Clark The above-styled matter concerns Mary Iwanicki’s appeal to Florida’s Second District Court of Appeal (Second DCA) of a final judgment, by way of directed verdict, entered in favor of Safepoint Insurance Company. The Second DCA reversed and remanded for a new trial. Iwanicki sustained water damage to her home on January 2, 2018. She reported the…

By: Marjorie M. Salazar Case No. 2:21-cv-179-SPC-NPM, 2021 WL 2825953 (M.D. Fla. Jul. 7, 2021) In this Hurricane Irma property-damage case, the Court denied Indian Harbor’s Renewed Motion to Dismiss in which it challenged SRF’s Assignment of Benefits’ validity because it did not comply with Florida law. Specifically, the assignment did not “contain a written, itemized, per-unit cost estimate of…