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…

By: Jadee A. Pope 2021 WL 1310947 (Fla. 4th DCA 4/7/2021) People’s Trust appealed a final judgment on attorney’s fees and costs entered for the Insureds. The Fourth Circuit agreed the Insureds were not entitled to attorney’s fees and costs. The Insureds reported a Hurricane Irma claim to People’s Trust on August 2, 2018. On September 6, 2018, People’s Trust…

By: Oliver B. Clark 302 So.3d 485 (Fla. 2d DCA 2020) In this appeal, Florida’s Second District Court of Appeal (Second DCA) reversed a trial court’s grant of summary final judgment for First Protective Insurance Co. d/b/a Frontline Insurance (Frontline), where the trial court had determined as a matter of law that Frontline cured a Civil Remedy Notice of Insurer's…

By: Oliver B. Clark 2021 WL 1432160, 2D20-1414 (Fla. 2d DCA 1/20/2021) In this opinion, the Second District Court of Appeals held the insurance company could not avoid appraisal based on coverage defenses because the insurance company had made payments on the claim. Villagio at Estero Condominium Association’s (Villagio) sued American Capital Assurance Co. (American Capital), alleging breach of contract…

By: Jennifer N. Myers 2021 WL 1153052 (Fla. 4th DCA March 26, 2021) A Motion for Summary Judgment was granted due to imputed misrepresentation and/or fraud by public adjuster. A claim was submitted for a water leak in a second-floor bathroom. A public adjuster submitted an estimate for $43,181.01, which included $11,107.72 for damage to the kitchen. The estimate was…

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…

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…

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…