By: Jennifer N. Myers 2021 WL 191546 (Fla. 3d DCA Jan. 20, 2021) This case involved post-loss compliance with an insured’s policy obligations. When the insured’s public adjuster initially reported the claim (on the same day as the loss), Universal sent a letter requesting eleven items per the policy’s post-loss provisions.  One such request was for a sworn proof of…

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…

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…

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,…

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…

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…

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…

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…

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…

Summary of Case by Emily Walsh, Associate Attorney FACTS OF THE CASE: The insureds’ policy imposed a duty to promptly notify Liberty Mutual of a suspected covered loss. On April 5, 2017, the insureds discovered a water leak under their kitchen sink. A plumbing company repaired the leak the same day and Liberty Mutual was not given the opportunity to…