By: Marissa Levy No. 5D22-1404, 2023 WL 8285681, 374 So. 3d 934 (Fla. 5th DCA 2023) The Florida District Court of Appeal, Fifth District, recently held that the meaning of the word “incur” in a tear out clause for a homeowners insurance policy issued by State Farm Insurance Company did not require the homeowner to enter into a non-voidable repair…

By: Marissa Levy No. 4D22-865 (4th DCA 08/30/2023) The Fourth District Court of Appeal recently addressed the issue of insurance claim denials for long term water seepage. The Court held that the insured has the burden of proving a loss took place while the policy was in effect, the insurer has the burden of proving the loss is excluded from…

By: Nicole Martingano Case No. 5D22-72 The Fifth District Court of Appeals reversed the trial court’s ruling on the basis that the entry of judgment on merits based on an appraisal award, without considering coverage defenses, violated the insurer’s due process rights. Following a hailstorm, a scope-and-price dispute regarding damages to the Hochreiters’ (“Insureds”) roof arose. State Farm responded to…

By: Andrew Leslie No. 22-11776 (11th Cir. Apr. 13, 2023). On April 13, 2023, the United States Court of Appeals for the Eleventh Circuit addressed an “important and (as it turns out) interesting” issue concerning the interpretation of coverage from losses resulting from “named windstorms” within two consecutive written insurance policies.  On appeal from the U.S. District Court for the…

By: Allison J. Van Fleet No. 5D21-1354, 2022 WL 1814253 (5th DCA 06/03/2022) (District Court of Appeal of Florida, Fifth District) The Fifth District Court of Appeals addressed whether a trial court may compel appraisal on the insured’s initial and supplemental claims before the insurer’s determination of coverage of the entire claim. The Fifth District held that a trial court…

By: Allison J. Van Fleet District Court of Appeal of Florida, Fifth District 2018-CA-000942-O, 5D21-1456, September 9, 2022 The trial court originally granted summary judgment in favor of Security First finding that the insured had made affirmative misrepresentations of the pre-loss condition of the property which warranted the forfeiture of coverage under the concealment or fraud provision of the policy.…

By: Allison J. Van Fleet Third District Court of Appeal of Florida August 17, 2022 No. 3D21-0712 The issue considered by the Third District Court of Appeal was whether, under the policy at issue, Lloyd’s maintained the right to compel the insured to appraisal after the parties reached an impasse at mediation. Pursuant to Almeria Park Condo. Ass’n, Inc. v.…

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…