Actus Curiae

Clark v. Rockwell Insurance Company

Summary of Case by Oliver Bryce Clark, Associate Attorney Upon Defendant’s removal, the Middle District of Florida, Orlando Division ruled on the merits of Defendant, Rockhill Insurance Company’s Motion for Summary Judgment, finding, for the below-stated reasons, that the same admitted of disputed issues of material fact which precluded judgment in favor of Defendant. In Donald E. Clark; and Stacy…

Arguelles v. Citizens Property Insurance Corporation

Summary of Case by Oliver Bryce Clark, Associate Attorney Faced with an appeal from the trial court’s grant of summary judgment in favor of Appellant, Citizens Property Insurance Corporation, the Third District Court of Appeal for the State of Florida addressed whether said grant was appropriate where the insurance policy in effect between Appellee, Donato Arguelles, and Appellant required the…

American Integrity Insurance Company v. Estrada

Summary of Case by Allison Van Fleet, Associate Attorney American Integrity Insurance Company v. Estrada, not final until disposition of timely filed motion for rehearing (Fla. 3d DCA June 26, 2019) Issue: Whether the trial court’s striking of American Integrity’s affirmative defense alleging the insured concealed or misrepresented material facts or circumstances, engaged in fraudulent conduct, or made false statements…

Hatch v GeoVera Specialty Insurance Company

Summary of Case by Oliver Bryce Clark, Associate Attorney Faced with competing Motions for Summary Judgment, the Middle District of Florida, Orlando Division, recently considered whether an insurer bears responsibility for structural damage done to an insureds’ property and the consequent loss of the insureds’ water heater system based upon a plain language analysis of the extant insurance contract between…

Kennedy v. First Protective Insurance Company

Summary of Case by Allison Van Fleet, Associate Attorney The Third District Court of Appeal has recently interpreted Florida Statute § 627.7015 to preclude an insurer from demanding appraisal prior to informing the insureds of the statutory right to mediate. In Kennedy v. First Protective Insurance Company, No. 3D18-1993, 2019 WL 1051386 (March 6, 2019), a dispute arose between the…

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