Actus Curiae

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,…

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…

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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