K Davis

State Farm Florida Insurance Company v. Jon Parrish

By: Oliver B. Clark --So.3d --, 2021 WL 45659 (Fla. 2nd DCA 1/6/2021) In this case Florida’s Second District Court of Appeal considered whether Appellee’s Public Adjuster could serve as a disinterested appraiser and concluded he could not. In 2017, Appellee, Jon Parrish, made a claim to Appellant, State Farm, under his homeowner’s insurance policy, for Hurricane Irma damage to…

Webb Roofing & Construction, LLC as Assignee of Linda Mossa and Andrew Mossa v. Metropolitan Casualty Insurance Company

By: Jennifer N. Myers 2020 WL 7396997 (M.D. Fla. Dec. 17, 2020) In this Middle District of Florida case, the Court considered the insurer’s Motion to Dismiss, alleging the Complaint did not allege compliance with Florida Statute 627.7152, specifically 627.7152 (2) and (9) (regarding Assignment Agreements and requirements that must be met in order for an Assignment of Benefits agreement…

Extreme Emergency Fire & Water Restoration, LLC v. Certain Underwriters at Lloyd’s of London

By: Jennifer N. Myers --So.3d--, 2020 WL 7379133 (Fla. 3d DCA 12/16/2020) The insurance application contained an anti-assignment provision, the “Anti-Assignment Endorsement” prohibiting assignment of rights, benefits, and duties under the policy: In consideration of the premium paid, it is hereby agreed and understood that rights, benefits and duties under the policy for which I am applying may not be…

Avatar Property & Casualty Ins. Co. v. Mitchell

By: Jennifer N. Myers 2021 WL 112751 (3d DCA Jan. 13, 2021) The issue was whether an insured could require discovery of materials in an insurer’s claim file during the pendency of the breach-of-contract action. In a request for production of documents, the insured sought “[a]ll documents containing information regarding a statement by [Mitchell] at any time during [Avatar’s] handling…

Citizens Property Insurance Corporation v. Manor House, LLC, et al.

By: Allison J. Van Fleet On January 21, 2021, the Supreme Court of Florida answered the following certified question from the Fifth District Court of Appeal in the negative: IN A FIRST-PARTY BREACH OF INSURANCE CONTRACT ACTION BROUGHT BY AN INSURED AGAINST ITS INSURER, NOT INVOLVING SUIT UNDER SECTION 624.155, FLORIDA STATUTES, DOES FLORIDA LAW ALLOW THE INSURED TO RECOVER…

Vintage Bay Condominium Association, Inc. v. Lexington Insurance Company

By: Marjorie M. Salazar A recent decision of the United States District Court for the Middle District of Florida Fort Myers Division affirmed the existing law that the insured’s failure to comply with policy provisions is a bar to demanding appraisal. In Vintage Bay Condominium Association, Inc. v. Lexington Insurance Company, No. 2:18-cv-729-FtM-99-CM, 2019 WL 211433 (M.D. Fla. Jan. 16,…

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